Njoroge v Republic [1985] KEHC 57 (KLR)

REPUBLIC OF KENYA

Njoroge v RepublicHigh Court, at Nairobi October 2, 1985 Mbaya JCriminal Appeal No 590 of 1985

(Appeal from the Resident Magistrate’s Court at Kiambu)

Advocates Appellant absent, unrepresented and not wishing to be present Miss W Ngugi for respondent

October 2, 1985, Mbaya J delivered the following Judgment.

The appellant was sentenced to 18 months imprisonment after pleading guilty to possessing 50 grams of cannabis sativa, an offence contrary to section 10(a) of the Dangerous Drugs Act, cap 245 Laws of Kenya. He appeals against the sentence.

Taking account of the fact that the appellant pleaded guilty, was a first offender and a large family to support – see his petition of appeal – I am of the view that the sentence imposed upon him was, in the circumstances, on the higher side. Accordingly I allow the appeal to the extent of reducing the sentence to nine months’ imprisonment.