Ambrose Waweru v Republic [2017] KEHC 3356 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT EMBU

CRIMINAL APPEAL 42 OF 2016

AMBROSE WAWERU…………………....…………APPELLANT

VERSUS

REPUBLIC………………………………................RESPONDENT

JUDGMENT

The Appellant herein was on the 6th day of June, 2016 convicted on his own plea of guilty and sentenced to pay a fine of 1 million or serve 10 years imprisonment.

He was charged with the offence of Trafficking of Narcotic Drugs contrary to Section 4 as read with Section 4 (a) of the Narcotic Drugs and Psychotropic Substances Control Act No. 4 of 1994.

The particulars were that, on the 26th day of May, 2016 at Embu Township within Embu County, was found transporting Cannabis to wit 4,000 grammes and 43 rolls all valued at ksh 8,430 using motorcycle registration no KMDM 947S make skygo which was not in medical preparation in contravention to the said Act.

He has appealed to this court and has listed seven (7) grounds of Appeal in his petition of Appeal dated 29th day of August, 2016.

The Appeal proceeded by way of written submissions which I have duly considered. Though the Appellant has listed 7 grounds of Appeal, I wish to mention that since he pleaded guilty to the charge, Under Section 348 of the Criminal procedure Code, the only right he has of Appeal is with respect to the extent and the legality of the sentence and not against the conviction.

In view of the observation made hereinabove, the only valid ground of Appeal is ground 6 in which he has challenged the sentence, on the ground that it is excessive. He was charged under Section 4 (a) of the Narcotic Drugs and Psychotropic Substances Control Act which provides for a fine of 1 million or three times the market value of the narcotic drugs whichever is greater in addition to life sentence.

In her submissions, the learned state Counsel argued that the sentence is not harsh considering the maximum sentence that is provided for under the law.

This court has considered that the Appellant is a first offender. The sentence is legal as it is within the law, however, I find the same to be rather high and pursuant to the provisions of Section 354 of the CPC, I allow the Appeal and hereby reduce the imprisonment term to 5 years and the fine to 500,000.

It is so ordered.

Dated, Signed and Delivered at Embu this 2nd Day of October, 2017.

…………………

L. NJUGUNA

JUDGE

In the Presence of

…………………………. for the Appellant

………………………for the Respondent