[2008] KEHC 644 (KLR)
The appellant was convicted on his own plea of guilty after confirming the facts as correct. The record showed he was given an opportunity to mitigate but offered none. The sentence of four years imprisonment was well within the statutory maximum of ten years for the offence of possession of cannabis sativa under...
Source-derived case information.
- Citation
- [2008] KEHC 644 (KLR)
- Parties
- Appellant: Stephen Muturi Magondu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 331 of 2007
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- MM Kasango
- Legal Topics
- Possession of Narcotics, Plea of Guilty, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Muturi Magondu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant was properly convicted on his own plea of guilty.
- 2 Whether the sentence imposed was excessive or warranted interference by the appellate court.
Ratio Decidendi
The appellant was convicted on his own plea of guilty after confirming the facts as correct. The record showed he was given an opportunity to mitigate but offered none. The sentence of four years imprisonment was well within the statutory maximum of ten years for the offence of possession of cannabis sativa under the Narcotic Drugs and Psychotropic Substances Control Act. The court found no error in the conviction or sentence and held that there was no basis to interfere with the lower court's decision. The appeal against both conviction and sentence was therefore dismissed.
Court Disposition
appeal dismissed
Orders
- The appellant's appeal against conviction and sentence is dismissed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Criminal Appeal 331 of 2007
STEPHEN MUTURI MAGONDU…..…...………......……… APPELLANT
VERSUS
REPUBLIC……………..………………………………….. RESPONDENT
(Being an appeal from the judgment of P.C. Tororey,
Ag. Principal Magistrate in Senior Resident Magistrate’s
Criminal Case No. 158 of 2007 at Karatina)
JUDGMENT
The appellant was charged and convicted on his own plea of guilty to charge of being in possession of bhang contrary to section 3(1) as read with section 2(a) of the Narcotic Drugs and Psychotropic Substances Control Act No. 4 of 1994. He was charged of being in possession of two stones of cannabis sativa which were not in a form of medical preparation. On the facts being read to the appellant, the appellant confirmed them to be correct. The facts were that on 10th February 2007 police officers received information that the appellant was selling bhang at Ndima-ini shopping centre. They proceeded there and introduced themselves. They requested to search the appellant’s shop which he agreed. On searching they recovered two stones of bhang not in a form of medical preparation. The court convicted the appellant on his own plea of guilty and sentenced him to four years imprisonment. With that background the appellant’s appeal against conviction fails. The basis upon which he sought his appeal against conviction was that the learned magistrate failed to inform him the consequences of pleading guilty. He further stated that his mitigation was misunderstood. The lower court’s record which is the only record this court has to go by indicates that on the appellant on being invited to mitigate before the sentence he offered no mitigation. I have considered the appeal against the sentence and I find that it is not excessive in the circumstances. The maximum sentence for this offence is ten years. The appellant even though the facts indicate that he was caught selling the bhang was sentenced to four years. That sentence in my view was lenient. There is no reason shown why this court should interfere with it. In the end therefore the appellant’s appeal against conviction and sentence is hereby dismissed.
Dated and delivered at Nyeri this 7th day of October 2008.
MARY KASANGO
JUDGE