PATRICK KITHI NGOMBO V REPUBLIC [2009] KEHC 2953 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI (MILIMANI LAW COURTS)

CRIMINAL APPEAL 264 OF 2006

PATRICK KITHI NGOMBO…………….………….…….APPELLANT

VERSUS

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

JUDGMENT

The appellant, Patrick Kithi Ngombo, was convicted on his own plea of guilty to being in possession of narcotic drugs contrary to section 3 (1) of the Narcotic Drugs and Psychotropic Substances Control Act No. 4 of 1994 as read with section 2 (b) of the same Act and sentenced to five (5) years imprisonment with hard labour.

In the appeal before me, the appellant prays for a reduction of the sentence on the ground that it is manifestly excessive in the circumstances.  In his mitigating grounds, he states that he pleaded guilty; that he was a first offender and that he has a family of school going children who depend on him for their livelihood.

The facts recorded by the Learned trial Magistrate, Andayi, then a Resident Magistrate, show that the appellant was found in possession of 54 ½ rolls of cannabis sativa and that he was a repeat offender.  Besides, his mitigating circumstances were taken into account before the sentence was imposed.  Taking into account all the facts and circumstances of the case, I am of the view that the sentence imposed by the trial court was neither harsh nor manifestly excessive in those circumstances.  I find no merit in this appeal and accordingly order that the same be and is hereby dismissed.

DATED AND DELIVERED AT MOMBASA THIS 27TH DAY OF JULY 2009.

F. AZANGALALA

JUDGE

Read in the presence of:-

Mr. Onserio for the State and the Appellant in person.

F. AZANGALALA

JUDGE

27TH JULY 2009