Robert Kigute v Republic [2005] KEHC 3149 (KLR)

REPULIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBICRIMINAL DIVISIONCriminal Appeal 200 of 2004(1)(From original conviction(s) and Sentence(s) in Criminal case No. 8888of 2004of the Chief Magistrate’sCourt at Makadara(R. Nyakundi –  P.M.)

ROBERT KIGUTE……………………………….……….…..APPELLANTVERSUS

REPUBLIC…………………… …………………………....RESPONDENTJ UDGEMENT

The Appellant,ROBERT KIGUTEappeals against the sentence only. He was convicted on his own plea of guilty for the offence of BEING IN POSSESSION OF NARCOTIC DRUGSto wit 50 rolls contrary to Section 3(1) and Section 3(2) (b) of the NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCE CONTROL ACT.He was sentenced to 48 months imprisonment.

The Appellant submitted that he was remorseful for the offence and that that was the reason he pleaded guilty to the charge. He submitted that he was reformed and would engage in fruitful activities once released.

MISS MWENJE learned counsel for the State urged the Court to find that such offences were on the increase and that a deterrent sentence was required. I have considered that the Appellant has served 14 months of his sentence. He is remorseful for the offence. He saved Court’s time by pleading guilty. Amounts involved are not much. In the circumstances 4 years imprisonment was excessive and harsh. I will allow the appeal in part by reducing the sentence from 4 years to 2 years from the date of original sentence. It is so ordered.

Dated at Nairobi this 15th day of June 2005. LESIIT, J. JUDGE Read, signed and delivered in the presence of; Appellant present No appearance for Respondent LESIIT, J. JUDGE