[2010] KEHC 3032 (KLR)
The court found that the sentence of ten years imprisonment imposed on the appellant, who pleaded guilty to possession of narcotic drugs, was excessive. The court concurred with the State Counsel that a plea of guilty is a mitigating factor and should attract a lesser sentence. Considering the appellant had already...
Source-derived case information.
- Citation
- [2010] KEHC 3032 (KLR)
- Parties
- Appellant: Robert Kidudu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 13 of 2009
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal allowed; sentence reduced to period served; appellant to be released unless otherwise lawfully held.
- Judges
- JL Osiemo
- Legal Topics
- Sentencing Principles, Narcotic Offences, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Kidudu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of ten years imprisonment imposed on a plea of guilty for possession of narcotic drugs was excessive.
Ratio Decidendi
The court found that the sentence of ten years imprisonment imposed on the appellant, who pleaded guilty to possession of narcotic drugs, was excessive. The court concurred with the State Counsel that a plea of guilty is a mitigating factor and should attract a lesser sentence. Considering the appellant had already served five years, the court allowed the appeal and reduced the sentence to the period already served, ordering the appellant's immediate release unless otherwise lawfully held.
Court Disposition
appeal allowed; sentence reduced to period served; appellant to be released unless otherwise lawfully held.
Orders
- The appeal is allowed.
- The sentence is reduced to the period already served.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET
Criminal Appeal 13 of 2009
ROBERT KIDUDU …………………………………… APPELLANT
VERSUS
REPUBLIC ……………………….…………………… RESPONDENT
JUDGEMENT
The appellant was charged with the offence of being in possession of narcotic drug contrary to Section 3 (1) of the Narcotic Drugs and Psycotric Substances Control Act No. 4 of 1994. He pleaded guilty and was sentenced to serve ten (10) years imprisonment. His appeal to this Court is against sentence only. The learned State Counsel concedes that the appellant having pleaded guilty the sentence of ten (10) years imprisonment is on the higher side.
I concur with the learned State Counsel that the appellant having pleaded guilty to the charge, the sentence of ten (10) years is on the higher side. The appellant has served five (5) years. I allow the appeal and reduce the sentence to a period already served.
The appellant should be set at liberty immediately unless otherwise lawfully held.
Dated and delivered at Eldoret this 2nd day of March 2010.
J. L. A. OSIEMO
JUDGE