[2005] KEHC 3165 (KLR)
The court found that the appellant had pleaded guilty, expressed remorse, and had already served a significant portion of his sentence. The quantity of narcotic drugs involved was not substantial. The court held that, in these circumstances, the original sentence of four years was excessive and harsh. The court...
Source-derived case information.
- Citation
- [2005] KEHC 3165 (KLR)
- Parties
- Appellant: Robert Kigute; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 200 of 2004
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced
- 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 Kigute
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 48 months imprisonment for possession of narcotic drugs was excessive and harsh in the circumstances.
- 2 Whether the appellant's plea of guilty and remorse warranted a reduction of sentence.
Ratio Decidendi
The court found that the appellant had pleaded guilty, expressed remorse, and had already served a significant portion of his sentence. The quantity of narcotic drugs involved was not substantial. The court held that, in these circumstances, the original sentence of four years was excessive and harsh. The court exercised its discretion to reduce the sentence to two years from the date of the original sentence, balancing the need for deterrence with the mitigating factors present.
Court Disposition
sentence reduced
Orders
- The appeal is allowed in part by reducing the sentence from four years to two years imprisonment from the date of the original sentence.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION Criminal Appeal 200of 2004(From original conviction(s) and Sentence(s) in Criminal case No. 8888 of 2004 of the Chief Magistrate’s Court at Makadara (R. Nyakundi – P.M.)
ROBERT KIGUTE……………………………….……….…..APPELLANT VERSUS REPUBLIC…………………… …………………………....RESPONDENT
J U D G M E N T
The Appellant, ROBERT KIGUTE appeals against the sentence only. He was convicted on his own plea of guilty for the offence of BEING IN POSSESSION OF NARCOTIC DRUGS to wit 50 rolls contrary to Section 3(1) and Section 3(2) (b)of the NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCE CONTROL ACT. He was sentenced to 48 months imprisonment.
The Appellant submitted that he was remorseful for the offence and that that was the reason he pleaded guilty to the charge. He submitted that he was reformed and would engage in fruitful activities once released.
MISS MWENJE learned counsel for the State urged the Court to find that such offences were on the increase and that a deterrent sentence was required.
I have considered that the Appellant has served 14 months of his sentence. He is remorseful for the offence. He saved Court’s time by pleading guilty. Amounts involved are not much. In the circumstances 4 years imprisonment was excessive and harsh. I will allow the appeal in part by reducing the sentence from 4 years to 2 years from the date of original sentence.
It is so ordered.
Dated at Nairobi this 15th day of June 2005.
LESIIT, J. JUDGE
Read, signed and delivered in the presence of; Appellant present No appearance for Respondent
LESIIT, J. JUDGE