Case ID:169395

Tom Mboya Njiri v Director of Public Prosecution [2021] eKLR

Case Metadata

Case Number:

Petition 76 of 2019

Parties:

Tom Mboya Njiri v Director of Public Prosecution

Date Delivered:

26 Jan 2021

Case Class:

Criminal

Court:

High Court at Mombasa

Case Action:

Judgment

Judge(s):

Eric Kennedy Okumu Ogola

Citation:

Tom Mboya Njiri v Director of Public Prosecution [2021] eKLR

Advocates:

Mr. Fedha for the DPP

Court Division:

Criminal

County:

Mombasa

Advocates:

Mr. Fedha for the DPP

Case Outcome:

Petition dismissed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MOMBASA

PETITION NO. 76 OF 2019

TOM MBOYA NJIRI................................................................PETITIONER

VERSUS

DIRECTOR OF PUBLIC PROSECUTION.......................RESPONDENT

JUDGMENT ON RESENTENCING

1. The Petitioner herein

Tom Mboya Njiri

was charged with the offence of trafficking in narcotic drugs contrary to Section 4 (a) of the Narcotic Drugs and Psychotropic Substance Control Act No. 4 of 1994. He was tried and convicted of the offence and jailed for a term of ten years on 30/8/2016.

2. Particulars are that on 19/4/2016 at Weigh Bridge area, Mariakani Location Kaloleni Sub-County within Kilifi County, he was found trafficking in narcotic drugs by transporting 85 kgs of cannabis sativa with a street value of Kshs. 1 million in a motor vehicle registration number KBB 666P Toyota Caldina in contravention of the said Act.

3. The Petitioner is now in this court for resentencing but he has not laid down the basis for that resentencing. The Petitioner further wants to be released under Community Service Order, but has not laid basis for such release. The prosecution submitted, correctly in my view, that the trial court exercised its discretion to sentence the Petitioner to 10 years, while the law states that he ought to have been jailed for life, and a fine of Kshs. 1,000,000/= in addition. In my view, the Petitioner was extremely lucky. He should not prode fate any further. Because he was sentenced to serve only 10 years, he has the courage to ask to be placed on Community service.

4. Further, this Court does not have the jurisdiction to interfere with the said sentence since the matter does not fall within the ambit of

Francis Karioko Muruatetu & Another v Republic [2017] eKLR.

5. In the circumstances, the Petitioner remains a lucky lad, because if he had appealed a stiffer sentence would have been imposed.

6. The upshot is that the Petition lacks merit. The same is dismissed.

Dated, Signed and Delivered at Mombasa this 26

th

day

of January, 2021.

E. K. OGOLA

JUDGE

Judgment delivered via MS Teams in the presence of:

Petitioner in person via video link

Mr. Fedha for DPP

Ms. Peris Court Assistant