[2015] KEHC 5274 (KLR)
The court found that the sentence of ten years' imprisonment imposed on the appellant for trafficking in narcotic drugs was lenient, considering the statutory penalty under Section 4 of the Narcotic Drugs and Psychotropic Substances Control Act, which provides for a fine of one million shillings or three times the...
Source-derived case information.
- Citation
- [2015] KEHC 5274 (KLR)
- Parties
- Appellant: Suleiman Osman Juma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 46 of 2013
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed; conviction and sentence upheld
- Judges
- GO Shikwe
- Legal Topics
- Narcotic Drug Trafficking, Sentencing Principles, Appeal on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Suleiman Osman Juma
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant for trafficking in narcotic drugs was lawful and appropriate.
- 2 Whether there are sufficient grounds to interfere with the sentence imposed by the trial court.
Ratio Decidendi
The court found that the sentence of ten years' imprisonment imposed on the appellant for trafficking in narcotic drugs was lenient, considering the statutory penalty under Section 4 of the Narcotic Drugs and Psychotropic Substances Control Act, which provides for a fine of one million shillings or three times the market value of the drug, and imprisonment for life. The appellant was not sentenced to the mandatory fine, and the imprisonment term was significantly less than the maximum provided by law. The court held that there were no good grounds to interfere with the sentence, and therefore, the appeal lacked merit and was dismissed. The conviction and sentence were upheld.
Court Disposition
appeal dismissed; conviction and sentence upheld
Orders
- The appeal is dismissed.
- The conviction and sentence imposed by the trial court are upheld.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 46 OF 2013
SULEIMAN OSMAN JUMA....................................APPELLANT
VERSUS
REPUBLIC......................................................RESPONDENT
(From original Conviction and Sentence in Criminal Case No. 1984 of 2011 of the
Chief Magistrate's Court at Mombasa – Hon. Gandani - SPM)
JUDGMENT
The Appellant above mentioned was Convicted and Sentenced to ten (10) years imprisonment on each of the two Counts of Trafficking in Narcotic drugs contrary to section 4(1) of the Narcotic drugs Act No. 44 of 1994.
The particulars are that:-
“On the 19th day of June, 2011 at Ndono market in Mombasa County he trafficked in Narcotic drugs to wit forty eight (48) sachets of Heroin with a street value of Ksh. 14,400/= by way of selling, in contravention of the said Act. In the 2nd Count he was Convicted for the trafficking one tablet of Ronypnol with a street value of Ksh. 30/=”.
This appeal is in respect of the Sentence meted out on the Appellant.
The grounds are that he has greatly benefited from Guidance and Counseling programmes at the correctional institution, training in the carpentry and joinery section and acquired skills that will enable him face the challenges of life.
Section 4 of the narcotics drugs and Psychotropic Substances Control Act provides for penalty for trafficking thus,
“Any person who traffics in any Narcotic drug or Psychotropic substance or any substance represented 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 substance whichever is the greater and in addition, to imprisonment for life”.
In the present case the appellant was Sentenced to ten (10) years imprisonment. He was not Sentenced to a fine of Ksh. 1 million. This was a lenient Sentence and I find no good grounds to interfere. The appeal has no merit and its dismissed.
The Conviction and Sentence are upheld.
Judgment delivered dated and signed in open Court this 18th day of March, 2015.
…................
M. MUYA
JUDGE
18TH MARCH, 2015
In the presence of:-
State prosecutor miss Ogweno
The appellant in person
Court clerk Musundi