[2012] KEHC 1186 (KLR)
The court held that the sentence of six years imprisonment imposed on the appellant, who pleaded guilty to trafficking in narcotic drugs, was not harsh or excessive. The trial magistrate had considered the appellant's mitigation and called for a probation report, which was not favourable to non-custodial sentencing....
Source-derived case information.
- Citation
- [2012] KEHC 1186 (KLR)
- Parties
- Appellant: Samuel Ndoro; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 244 of 2009
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- GO Shikwe
- Legal Topics
- Sentencing Principles, Narcotic Offences, Plea of Guilty
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Ndoro
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of six years imprisonment for trafficking in narcotic drugs was harsh and excessive.
- 2 Whether the trial magistrate properly considered the appellant's mitigation and probation report before sentencing.
Ratio Decidendi
The court held that the sentence of six years imprisonment imposed on the appellant, who pleaded guilty to trafficking in narcotic drugs, was not harsh or excessive. The trial magistrate had considered the appellant's mitigation and called for a probation report, which was not favourable to non-custodial sentencing. Given the statutory framework under section 4(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act, which allows for much harsher penalties including life imprisonment, the sentence imposed was deemed lenient. The prevalence of drug-related offences in the region further justified the custodial sentence. Consequently, there was no basis to interfere with the...
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
- The sentence of six years imprisonment imposed by the trial magistrate is upheld.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
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SAMUEL NDORO ….............................................................. APPELLANT
VERSUS
REPUBLIC …........................................................................ RESPONDENT
(From the Original Conviction and Sentence in the Criminal Case No. 3613 of 2009 of the Chief Magistrate's Court at Mombasa – R.M. Mutoka – CM)
JUDGMENT
The appellant SAMUEL NDORO was convicted on his own plea of guilty on a charge of trafficking in Narcotic drugs contrary to section 4(a) of the Narcotic Drugs and Psychotropic substances control Act No. 4 of 1994 and was sentenced to serve six (6) years imprisonment.
He has now appealed against that Sentence. His grounds are that he pleaded guilty to the charge at the time of plea and that he was treated as a first offender and he gave good reasons to his mitigation. He is of the view that the Sentence to six (6) years imprisonment was harsh and excessive.
A perusal of the Sentencing notes shows that the trial magistrate had called for a Probation Report before Sentencing which report was not favourable to placement on probation.
Section 4 of the Narcotic drugs and Psychotropic substances (Control) Act provides,
“Any person who traffics in any narcotic drug or substance or any substance represerved or held out by him to be a narcotic drug or substance shall be guilty of an offence and liable
(a) In respect of any narcotic drug or psychotropic substance to a fine of one million shillings or three times the market value of the narcotic drug or psychotropic substance whichever is the greater, and in addition, to imprisonment for life”.
In the present case the Appellant was Sentenced to six years imprisonment which in my view was a very lenient Sentence bearing mind, the prevalence of drug related cases in the region.
I find no need to disturb the sentence meted out by the trial magistrate. This appeal against sentence fails and is dismissed accordingly.
Judgment read, dated and delivered in open court this 8th day of November, 2012.
….......................
M. MUYA
JUDGE
In the presence of:-
Mr. Gioche for the state
Mr. Musundi – Court clerk
Accused