[2005] KEHC 131 (KLR)
The court held that the sentence of 4 years imprisonment imposed on the appellant for possession of 25 rolls of cannabis sativa was neither excessive nor illegal. The statutory maximum for the offence is 20 years, and the sentence imposed was well within this limit. The court found no basis to interfere with the...
Source-derived case information.
- Citation
- [2005] KEHC 131 (KLR)
- Parties
- Appellant: Siza Mlanda Nyale; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 94 of 2004
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- SP Ouko
- Legal Topics
- Sentencing Principles, Narcotic Offences, Possession of Drugs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Siza Mlanda Nyale
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 4 years imprisonment for possession of narcotic drugs was excessive in the circumstances.
- 2 Whether the sentence imposed was within the legal limits prescribed by the relevant statute.
Ratio Decidendi
The court held that the sentence of 4 years imprisonment imposed on the appellant for possession of 25 rolls of cannabis sativa was neither excessive nor illegal. The statutory maximum for the offence is 20 years, and the sentence imposed was well within this limit. The court found no basis to interfere with the sentence, as it was proportionate to the offence and circumstances. Accordingly, the appeal against sentence lacked merit and was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
39 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI
Criminal Appeal 94 of 2004
(From original conviction and sentence Kilifi Cr.Case No. 643 of 2004 before Mr.C.O.Obulutsa SRM)
SIZA MLANDA NYALE……………………...............................………………APPELLANT
VERSUS
REPUBLIC………………………….............................…………………….RESPONDENT
JUDGMENT
This is an appeal against sentence only, the appellant having pleaded guilty to the offence of being in possession of narcotic drugs contrary to Section 3 (1) as read with Section 2 (b) – ( The recorrect provision is Section 2 (a) of the Narcotic Drugs and Psychotropic Substances (Control) Act.
The particulars of the charge being that on 1st September, 2004 at Majengo village, Kilifi, the appellant was found in possession of 25 rolls of Cannabis sativa (bhang) which were not in medicinal preparation. After pleading guilty the appellant was sentenced to 4 years imprisonment. It is this sentence he has challenged in this appeal as being harsh. The High Court in exercising its appellate jurisdiction can only interfere with a sentence passed by the lower Court, where the appellant pleaded guilty, if the sentence was excessive, in the circumstances of the case, or illegal.
A person who has been found or pleaded guilty to a charge of being in possession of drugs under Section 3 (1) of the Narcotic Drugs and Psychotropic Substances (control) Act, is liable under the second limb of subsection 2 (a) of the said Act to imprisonment for 20 years. Clearly the sentence of 4 years is both within the provision of the law and not excessive. I find no merit in this appeal. The same is dismissed.
Dated and delivered this 10th day of November 2005 at Malindi.
W. OUKO
JUDGE
8. 11. 2005
Coram
W. Ouko
Judge
Mr.Ogoti for state
Appellant not brought
Judgment deferred to 9th November 2005
Preliminary objection to issue.
W.OUKO
JUDGE
9. 11. 2005
W.Ouko
CC: Gladys
N/a Mr.Ogoti for state
Court: Judgment deferred to 10. 11. 2005.
W.OUKO
JUDGE
10. 11. 2005
Coram
W.Ouko, J.
Mr.Ogoti
Appellate present
CC. Gladys
Judgment delivered.
W.OUKO
JUDGE