CONJELO OTIENO OGIDI v REPUBLIC [2008] KEHC 565 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA OF KISII

Criminal Appeal 88 of 2007

CONJELO OTIENO OGIDI ……………..….…....…….. APPELLANT

VERSUS

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

(From original conviction and sentence in the Principal Magistrate’s Court

Kehancha Criminal Case No.1083 of 2006 by M. K. K. SEREM, SRM)

JUDGMENT

The appellant was convicted on his own plea of guilty to a charge of trafficking in Narcortic Drugs contrary to Section 4(1)of the Narcotic Drugs and Psychotropic Substances Control Act No.4 of 1994.  The appellant was carrying 280 rolls of bhang in a bag when he was arrested on 28th November, 2006.

The appellant was sentenced to five years’ imprisonment.  In his appeal he urged the court to reduce the jail term.  Mr. Kemo, Principal State Counsel,opposed the appeal saying that the quantity of the drugs involved clearly demonstrated that it was for commercial purposes.

I agree with Mr. Kemo.  I do not find the sentence of the five years’ imprisonment to be harsh for such a serious offence.  The appeal is without merit and I dismiss the same.

DATED, SIGNED and DELIVERED at KISIIthis 28thDay of October, 2008.

D. MUSINGA.

JUDGE.

Delivered in the open court in the presence of:

N/A for the appellant.

Mr. Kemo, Principal State Counsel for the Republic

D. MUSINGA

JUDGE.