[2002] KEHC 376 (KLR)
The court found that the offences for which the appellant was convicted—possession of narcotic drugs and possession of utensils for drug use—were serious and prevalent in Mombasa. The sentencing magistrate had considered the need for deterrence, and the appellate court agreed that such offences warranted stern...
Source-derived case information.
- Citation
- [2002] KEHC 376 (KLR)
- Parties
- Appellant: Said Shaban Mwashimba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- ? 7 of 2002
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Narcotic Offences, Sentencing Principles, Possession of Drug Paraphernalia
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Said Shaban Mwashimba
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for possession of narcotic drugs and related utensils was excessive or warranted interference on appeal.
- 2 Whether the appellant's plea for leniency based on family circumstances justified reduction of sentence.
Ratio Decidendi
The court found that the offences for which the appellant was convicted—possession of narcotic drugs and possession of utensils for drug use—were serious and prevalent in Mombasa. The sentencing magistrate had considered the need for deterrence, and the appellate court agreed that such offences warranted stern punishment to protect society and set an example. The appellant's personal circumstances, including his family responsibilities, did not outweigh the public interest in deterring drug-related crimes. The court held that there was no justification to interfere with the sentence imposed by the trial court, as it was neither excessive nor based on any error in principle.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
- The sentence imposed by the trial court is upheld.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA APPELLATE SIDE CRIMINAL APPEAL NO. 7 OF 2002 (From Original Conviction and Sentence in Criminal Case No. 1372 of 2001 of the Resident Magistrate’s Court at Mombasa – R.M. Ndubi – R.M.) SAID SHABAN MWASHIMBA ….………………………... APPELLANT - VERSUS - REPUBLIC ………………………………………………… RESPONDENT J U D G E M E N T The appellant was charged with another convicted and sentenced on 2 counts. On Count 1 they were charged under Section 3(1) as read with Section 2(b) of the Narcotic drugs and Psychotropic Substances Control Act and each sentenced to 9 months imprisonment and on Count II for Being in possession of utensils for use in connection with the smoking, inhaling or otherwise Injecting Narcotic drugs contrary to Section 5(1)(d) of the Narcotic drugs and psychotropic Substance Control Act and Sentenced to serve 4 years imprisonment each.
The appellant appealed on Sentence on the ground that he had now learned his lesson and wanted to go home to look after his wife and children and his mother.
The Court in passing sentence did note that the offence is serious and rampant in Mombasa and therefore need for a deterrent sentence. The state opposed the appeal on similar grounds.
I have considered the appellant’s plea for leniency and his family. However, the court takes judicial notice of the harm a parent like the appellant is likely to cause his family and especially the children when he is involved in the abuse of drugs. He should be an example to them. Also for his own good, the period in prison I hope will assist him clear off this bad habit. In the circumstances the court finds no reason to interfere with the sentence and appeal is Dismissed.
Dated and delivered at Mombasa this 23rd day of August, 2002. .
P.M. TUTUI COMMISSIONER OF ASSIZE.