MICHAEL OCHIENG AROR vs REPUBLIC [2004] KEHC 2551 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII CRIMINAL APPEAL NO.31 OF 2004 (From original conviction and sentence of the Senior Resident Magistrate’s Court at Oyugis in Criminal Case No.451 of 2002 – N. N. NJAGI ESQ., SRM) MICHAEL OCHIENG AROR …………………………………………. APPELLANT VERSUS REPUBLIC …………………………………………………………….RESPONDENT JUDGMENT Appellant was charged of being in possession of Narcotic drugs c/s. 3(1) and (2) (a) of The Narcotics and Physcrotropic Substances Act. He pleaded guilty and was convicted and sentenced to 41/2 years imprisonment.

Record shows that the charge was read to appellant. Interpretation was in English, Kiswahili and Luo. Accused understands that language well.

Facts were too read to him and he accepted them. The plea was taken properly and there is no evidence that he was confused. He was therefore properly convicted. Appeal against conviction is therefore rejected.

As for sentence appellant was sent to jail for four and half years. He was found with only 50 grams of bhang which means he was not a trafficker. 41/2 years were excessive in the circumstances.

I therefore set aside the sentence of 41/2 years and substitute it with one of 9(nine) months imprisonment.

It is so ordered.

KABURU BAUNI JUDGE 24/6/04

Dated and delivered on 24/6/04. Mr. Kemo for State.

KABURU BAUNI JUDGE