[2013] KEHC 1557 (KLR)
The court found that the sentence of seven years imprisonment imposed on the appellant for possession of 15 grammes of cannabis sativa with a street value of Kshs.150 was harsh and excessive in the circumstances. The court considered the small quantity and low value of the drug, as well as the appellant's mitigation...
Source-derived case information.
- Citation
- [2013] KEHC 1557 (KLR)
- Parties
- Appellant: Robert Makau; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 47 of 2011
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed
- Judges
- BT Jaden
- Legal Topics
- Possession of Narcotics, Sentencing Principles, Mitigation of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Makau
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of seven years imprisonment for possession of 15 grammes of cannabis sativa was harsh and excessive.
- 2 Whether the sentence should be reduced considering the circumstances and mitigation offered.
Ratio Decidendi
The court found that the sentence of seven years imprisonment imposed on the appellant for possession of 15 grammes of cannabis sativa with a street value of Kshs.150 was harsh and excessive in the circumstances. The court considered the small quantity and low value of the drug, as well as the appellant's mitigation that he was married with three children. The State did not oppose the appeal. The court was persuaded that a reduction of the sentence was warranted and accordingly reduced the sentence to the period already served, ordering the appellant's release unless otherwise lawfully held.
Court Disposition
appeal_allowed
Orders
- The sentence of seven years imprisonment is set aside and substituted with a sentence of the period already served.
- The appellant is at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL APPEAL NO. 47 OF 2011
ROBERT MAKAU …………………………………….……… APPELLANT
VERSUS
REPUBLIC...............................................................................RESPONDENT
(Being an appeal from the conviction and sentence of Hon. S.K. Mutai Resident Magistrate delivered on 24/5/2013 in Mutomo Senior Resident Magistrate Criminal Case No. 55of 2011)
************************************
(Before Hon. B. Thuranira Jaden J)
J U D G M E N T
The Appellant Robert Makau, was charged with the offence of being in possession of Cannabis Sativa (Bhang) contrary to section 3 (1) (2) (a) of the Narcotic Drugs and Psychotropic Substances Control Act No. 4 of 1994.
The particulars of the offence were that on the 21st day of February 2011 at around 9. 00 a.m, at Ikanga market, Ikanga Location in Mutomo District within Kitui County, was found in possession of Cannabis Sativa (Bhang) to wit 15 grammes with a street value of Kshs.150/= which was not in any form of medicinal preparation.
When the Appellant was arraigned before the lower court on 24/2/2011, he pleaded guilty to the offence. The Appellant was sentenced to seven years imprisonment.
The Appellant was aggrieved by the sentence and stated that the same is harsh and excessive. The State was not opposed to the appeal.
I have considered the quantity of the drug and its street value as stated in the particulars of the offence and the facts that were recorded by the court on the date of plea. I have also considered the mitigation that was offered by the Appellant who stated that he was married with three children.
I am persuaded that in the sentence meted out was harsh in the circumstances of this case. Consequently, I hereby reduce the sentence to the period already served. The Appellant is at liberty unless otherwise lawfully held.
………………………………………
B. THURANIRA JADEN
JUDGE
Dated and delivered at Machakos this 30th day of October 2013.
………………………………………
B. THURANIRA JADEN
JUDGE