Abdi Godana v Republic [2018] KEHC 7294 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYAAT NANYUKI

CRIMINAL APPEAL CASE NO.35 OF 2017

ABDI GODANA.........................................................APPELLANT

VERSUS

REPUBLIC..............................................................RESPONDENT

(Being an appeal from the original conviction and sentence byHon. E.Ngigi – Senior Resident Magistrate dated 17th February,2017 in Nanyuki Chief Magistrate Court Criminal Case No.724 of 2012)

JUDGMENT

1. ABDI GODANAwas charged before Nanyuki Chief Magistrate’s court with the offence of being in possession of firearm, on count one and of being in possession of ammunition on count two, without a certificate Contrary to Section  4 (1) as read with Section 4 (3) of the Firearms Act. On conviction he was sentenced to 7 years on each count with those sentences running concurrently. He has filed this appeal against sentence.

2. The appellant’s submissions in support of his appeal amounts to mitigation – but it is mitigations which are not truthful. He mitigated that he had eight children who solely depend on him because; he is an orphan; and his wife died in the year 2007.

3. That mitigation goes contrary to his defence evidence by Ada Godana, D W 3 his sister. D W 3 in evidence stated that on the day of appellant’s  wasarrested 9th July 2012, appellant’s wife and children were present.

4. From that evidence it becomes clear that appellant’s wife did not die in the year 2007, as he submitted.

5. That aside, it  is important to note, as was correctly submitted by the  Principal Prosecution Counsel Mr Tanui for the respondent,  that the sentenced passed by the trial court was the bare minimum sentence set out in Section 4(3)  of the Firearms Act. This Court therefore cannot interfere with the trial court sentence. To do so would be  unlawful.

6. In view of the above the appeal against sentence is hereby dismissed. The trial court’s sentence is confirmed.

Dated and Delivered at Nanyuki this 18th April 2018

MARY KASANGO

JUDGE

Coram

Before Justice Mary Kasango

Court Assistant: Njue/Mariastella

Appellant  Abdi Godana

For state:  ……………………

Language ……………………

COURT

Judgment delivered in open court

MARY KASANGO

JUDGE