CAROLINE NYABOKE V STATE [2010] KEHC 2225 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII

Criminal Appeal 85 of 2009

(From original conviction and sentence of the SRM’s Court at Nyamira in criminal case No. 298 of 2008 – J. Macharia, RM)

BETWEEN

CAROLINE NYABOKE …………………………………. APPELLANT

VERSUS

STATE …………………………………………………. RESPONDENT

JUDGMENT

The appellant was sentenced to 10 years’ imprisonment after being convicted of possession of narcotic drugs contrary tosection 3 (1)and3 (2)of theNarcotic and Psychotropic Substances (Control) Act No. 4 of 1994.

The particulars of the offence were that on the 19th day of April, 2008 along Kisii-Nyamira Roadin Nyamira District she was found in possession of 20 kilogrammes of Cannabis Sativa (Bhang).

Though she appealed against conviction and sentence, during the hearing of the appeal she abandoned the appeal against conviction and argued against sentence only.

The appellant was a first offender.In my view the sentence that was handed down is rather harsh.I set aside the sentence of 10 years’ imprisonment and substitute therefore a sentence of 5 years’ imprisonment with effect from18th August, 2008when she was sentenced.

DATED AT KISII THIS 15TH DAY OF JUNE, 2010.

D. MUSINGA

JUDGE.

15/6/2010

Before D. Musinga, J.

Mobisa – cc

Mr. Gitonga for the state

Appellant – present

Court:Judgment delivered in open court.

D. MUSINGA

JUDGE.