Case Metadata |
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| Case Number: | Criminal Appeal 200 of 2004 (1) |
|---|---|
| Parties: | Robert Kigute v Republic |
| Date Delivered: | 15 Jun 2005 |
| Case Class: | Criminal |
| Court: | High Court at Nairobi (Milimani Law Courts) |
| Case Action: | |
| Judge(s): | Jessie Wanjiku Lesiit |
| Citation: | Robert Kigute v Republic [2005] eKLR |
| Advocates: | Miss Mwenje for the Republic |
| Advocates: | Miss Mwenje for the Republic |
| Case Summary: | Criminal law - charge of being in possession of narcotic drugs to wit 50 rolls contrary to Section 3(1) and Section 3(2) (b) of the Narcotic Drugs and Psychotropic Substances Control Act - accused convicted and sentenced to imprisonment for 48 months - appeal against sentence - appellant pleading that was remorseful for the offence and that that was the reason he pleaded guilty to the charge - that he was reformed and would engage in fruitful activities once released - appellant already having served 14 months of his sentence - whether the sentence was harsh and excessive - sentenced reduced from 4 years to 2 years imprisonment. |
| History Advocates: | Neither party represented |
| History County: | Baringo |
| Case Outcome: | Allowed |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPULIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
Criminal Appeal 200 of 2004(1)
(From original conviction(s) and Sentence(s) in Criminal case No. 8888of 2004of the
Chief Magistrate’sCourt at Makadara(R. Nyakundi – P.M.)
ROBERT KIGUTE……………………………….……….…..APPELLANT
VERSUS
REPUBLIC…………………… …………………………....RESPONDENT
J UDGEMENT
The Appellant, ROBERT KIGUTE appeals against the sentence only. He was convicted on his own plea of guilty for the offence of BEING IN POSSESSION OF NARCOTIC DRUGS to wit 50 rolls contrary to Section 3(1) and Section 3(2) (b) of the NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCE CONTROL ACT. He was sentenced to 48 months imprisonment.
The Appellant submitted that he was remorseful for the offence and that that was the reason he pleaded guilty to the charge. He submitted that he was reformed and would engage in fruitful activities once released.
MISS MWENJE learned counsel for the State urged the Court to find that such offences were on the increase and that a deterrent sentence was required. I have considered that the Appellant has served 14 months of his sentence. He is remorseful for the offence. He saved Court’s time by pleading guilty. Amounts involved are not much. In the circumstances 4 years imprisonment was excessive and harsh. I will allow the appeal in part by reducing the sentence from 4 years to 2 years from the date of original sentence. It is so ordered.
Dated at Nairobi this 15th day of June 2005.
Read, signed and delivered in the presence of;
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