KENNEDY WANDIGA OSIKA AND JOSHUA OMAMO OGELO v REPUBLIC [2007] KECA 196 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT NAIROBI

Criminal Appeal 36 & 57 of 2005

KENNEDY WANDIGA OSIKA ……….…..………...1ST APPELLANT

JOSHUA OMAMO OGELO ………….….…………2ND APPELLANT

AND

REPUBLIC ……………………………………………RESPONDENT

(Appeal from a sentence of the High Court of Kenya Nakuru (Mr. Justice L. Kimaru) dated 24th November, 2004In H.C.C.RA. NO. 72 & 73 OF 2002)

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JUDGMENT OF THE COURT

These two appellants pleaded guilty to the charge of being in possession of bhang contrary to section 2(1) as read with section 3(1) of the Narcotic and Psychotropic Substances Control Act, Act No. 4 of 1994.  Upon their unequivocal admission of the charge, they were each sentenced to ten years imprisonment.  They unsuccessfully appealed to the High Court and they now come here on a second appeal.  Their appeal is that the sentence is too severe for them.  Under the provisions of section 361 of the Criminal Procedure Code, this Court has no jurisdiction to deal with the severity of a sentence.  The Court can only interfere where the sentence is unlawful which is not the case here.  The first appellant Kennedy Wandiga Osika is clearly right in abandoning his purported appeal.  We order that the appeals be and are hereby dismissed.

Dated and delivered at Nakuru this 24th day of September, 2007.

R. S. C. OMOLO

……………………………

JUDGE OF APPEAL

E. O. O’KUBASU

………………………..

JUDGE OF APPEAL

W. S. DEVERELL

…………………………

JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR