JOHN KAGUNGI MWANGI vs REPUBLIC [2002] KEHC 384 (KLR)

IN THE HIGH COURT OF KENYA AT NAIROBI

APPELLATE SIDE

CRIMINAL APPEAL NO 635 OF 1999

(FROM ORIGINAL CONVICTION AND IN CRIMINAL CASE NO 469

OF 1999 OF THE DISTRICT MAGISTRATE’S COURT AT KIGUMO)

JOHN KAGUNGI MWANGI…………………………………APPELLANT

VERSUS

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

J U D G M E N T

The appellant pleaded guilty to the charge. He had only one roll of bhang for consumption not sale.

I consider the sentence imposed was excessive. I allow the appeal against sentence by reducing it to the period already served.

He shall be released forthwith unless otherwise lawfully held.

Dated and delivered at Nairobi this 24th day of April 2002

MBOGHOLI MSAGHA JUDGE