Kasee Kithuku Kola v Republic [2014] KEHC 4817 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

CRIMINAL APPEAL NO. 24 OF 2012

KASEE KITHUKU KOLA …………..………………  APPELLANT

VERSUS

REPUBLIC

(Being an appeal from the sentence of  Hon. P. Wambugu  Resident  Magistrate delivered on 1/03/2013 in Makindu Principal Magistrate Criminal  Case No.  156 of 2013)

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(Before Hon. B. Thuranira Jaden J)

J U D G M E N T

The Appellant, Kasee Kithuku Kola was charged with the offence of being in possession of Cannabis Sativa contrary to section 3 (1) (2) of Narcotic Drugs and Psychotropic Substance Control Act No. 4 of 1994.

The particulars of the offence were that on the 11th day of February 2013 at Kibwezi Township, Mikuyuni Sub-location in Kibwezi District within Makueni County was found being in possession of Cannabis Sativa (bhang) to wit 55 grams which was not in medical preparation with a street value of Kshs.420/=.

When the Appellant was arraigned before the trial court, he pleaded guilty.  On 1/3/13 the Appellant was sentenced to ten (10) years imprisonment.  The appeal is on sentence only.

The sentence of ten years was harsh and excessive taking into account the quantity of the Cannabis Sativa.  I reduce the sentence to the period already served.

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B. THURANIRA JADEN

JUDGE

Dated and delivered at Machakos this 3rdday of June 2014.

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B. THURANIRA JADEN

JUDGE