[2014] KEHC 3341 (KLR)
The court found that although possession of narcotic drugs is a serious offence, the applicant was a first offender, the value of the drugs was negligible, and there was no evidence of intent to sell. The applicant had already served two and a half months in prison, which the court deemed sufficient punishment. The...
Source-derived case information.
- Citation
- [2014] KEHC 3341 (KLR)
- Parties
- Applicant: Priscus Donasiani Mbetai; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 36 of 2014
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- sentence reduced to period served; applicant to be released unless otherwise lawfully held
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Narcotic Drugs Possession, Sentencing Principles, Mitigation, First Offender, Deterrent Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Priscus Donasiani Mbetai
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for possession of narcotic drugs was excessive given the circumstances.
- 2 Whether the applicant, as a first offender with a negligible quantity of drugs, deserved a reduction of sentence.
Ratio Decidendi
The court found that although possession of narcotic drugs is a serious offence, the applicant was a first offender, the value of the drugs was negligible, and there was no evidence of intent to sell. The applicant had already served two and a half months in prison, which the court deemed sufficient punishment. The sentence was therefore reduced to the period already served, and the applicant was ordered to be released unless otherwise lawfully held.
Court Disposition
sentence reduced to period served; applicant to be released unless otherwise lawfully held
Orders
- The sentence is reduced to the period already served.
- The applicant shall be released forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL REVISION NO. 36 OF 2014
PRISCUS DONASIANI MBETAI ……………………APPLICANT
VERSUS
RESPONDENT ………………………….……………..REPUBLIC
(From original conviction and sentence in criminal case Number 638 of 2014 in the Chief Magistrate’s court at Milimani, Nairobi – P.M. Mugure (RM) on 2nd February, 2014)
RULING
The applicant was charged with the offence of being in possession of Narcotic Drugs contrary to Section 3 (1) as read with Section (2) (a) of the Narcotic Drugs and Psychotropic Substances Control Act No. 4 of 1994. The particulars were that on 30th April, 2014 at 10 a.m. at Milimani Law Courts Nairobi he was found in possession of 18 rolls of Narcotic drugs namely cannabis with a streets value of Kshs. 180/= in contravention of the said Act.
The record before me shows that he pleaded guilty to the charge and admitted the facts read out by the prosecutor. In his mitigation he said he does not sell drugs and asked for leniency. He was a first offender.
The learned trial magistrate observed that the offence was serious and very rampant within the jurisdiction of this court and to her surprise, even within the court precincts. This therefore called for a deterrent sentence although he was a first offender.
I observe that the applicant must have known that possession of drugs is a crime, and must have been very daring to be within the court premises the fountain of justice with such drugs. I note however, just like the learned trial magistrate, he was a first offender and his plea that he was not involved in selling the drug was not disputed. I also note that the value of the drug placed at Kshs. 180/= was negligible. In my view, this is a person who deserves a second chance.
From the date of his conviction he has served two and half months imprisonment. I consider this sufficient punishment. Accordingly, I reduce the sentence to the period already served such that the appellant shall be released forthwith unless otherwise lawfully held.
Orders accordingly.
SIGNED DATED and DELIVERED in court this 17th day of July, 2014.
A.MBOGHOLI MSAGHA
JUDGE