judy.legal
Login Register

DANIEL KYALO MUEMA v. REPUBLIC

(2009) JELR 102998 (CA)

Court of Appeal  •  Criminal Appeal 479 of 2007  •  9 Oct 2009  •  Kenya

Coram
Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The appellant was convicted on his own plea of guilty by Senior Resident Magistrate, Kangundo for the offence of being in possession of cannabis sativa contrary to Section 3 (1) as read with Section 3 (2) of the Narcotic Drugs and Psychotropic Substances (Control) Act, Act No. 4 of 1994 (Act) and sentenced to six years imprisonment.

The particulars of the charge and the facts stated in court disclosed that the police acting on a tip-off went to the house of the appellant on 15th September, 2004 and found the appellant in possession of 18 rolls and 100 grammes of bhang which were later confirmed by the Government Chemist to be cannabis sativa.

The appellant was aggrieved by the sentence and appealed to the superior court against it. At the hearing of the appeal, the appellant presented written submissions which contained the mitigating circumstances. On his part, Mr. Wangondu, a Principal State Counsel, submitted, thus:

“I oppose the appeal on the question of sentence…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login