[2012] KEHC 570 (KLR)
The court found that the appellant was convicted of possessing a substantial quantity of bhang, concealed in sandals, with the intended recipient being a prisoner within the court premises. The court emphasized that such conduct demonstrated a disregard for the justice system and that the sentence of 5 years...
Source-derived case information.
- Citation
- [2012] KEHC 570 (KLR)
- Parties
- Appellant: Peter Magothe Nganga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 12 of 2011
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Possession of Narcotics, Sentencing Principles, Appeal on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Magothe Nganga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 5 years imprisonment for possession of bhang was excessive in the circumstances.
- 2 Whether the appellant's alleged reformation and spiritual certificates warranted a reduction of sentence.
Ratio Decidendi
The court found that the appellant was convicted of possessing a substantial quantity of bhang, concealed in sandals, with the intended recipient being a prisoner within the court premises. The court emphasized that such conduct demonstrated a disregard for the justice system and that the sentence of 5 years imprisonment was not excessive in the circumstances. The appellant's claims of reformation and spiritual progress, while noted, did not outweigh the seriousness of the offence or justify interference with the sentence imposed by the trial court. The appeal was therefore dismissed and the sentence upheld.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
- The sentence of 5 years imprisonment is upheld.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
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REPUBLIC.........................................................................................RESPONDENT
VERSUS
PETER MAGOTHE NGANGA.............................................................APPELLANT
(From original conviction and sentence in criminal case Number 1816 of 2010
in the Githunguri Court –Mr.S. Ndegwa (SRM) on 17th August, 2010)
JUDGMENT
The appellant was convicted of the offence of being in possession of bhang contrary to Section 3(1) as read with sub-section 2 (a) of Narcotic and Psychotropic Substances Control Act No. 4 of 1994. It was alleged in the particulars of the charge that on 18th December, 2009 within the precincts of Githunguri Law Courts, he was found in possession of 228 rolls of bhang. He denied the offence but after the full trial he was convicted and sentenced to 5 years imprisonment.
He lodged an appeal against both the conviction and sentence but when this appeal came up for hearing, he decided to address the court on the issue of sentence alone. It is his position that he has reformed and that he has learnt from his past mistakes. Given a chance, he says, he shall fit into the family he has come from. He showed the court several certificates relating to spiritual reformation. The learned counsel for the Republic opposed the appeal and asked that the same be dismissed.
On my part, I have considered the circumstances under which this offence was committed. The appellant was conveying the offending substance concealed in sandals and the recipient was a prisoner within the court premises. The amount of bhang was substantial and definitely intended for commercial purposes. He has no regard and or respect for the seat of justice from which, ironically, he now turns to for help.
The sentence of 5 years imprisonment in my view cannot be said to be excessive in the circumstances of this case. Accordingly, I see no reason whatsoever to interfere with the same. This appeal is therefore dismissed.
Orders accordingly.
Dated and delivered at Nairobi this 29th day of November, 2012.
A.MBOGHOLI MSAGHA
JUDGE