Case ID:180538

Peter Gachanja Kibanya v Republic [2021] eKLR

Case Metadata

Case Number:

Criminal Appeal 5 of 2020

Parties:

Peter Gachanja Kibanya v Republic

Date Delivered:

29 Jul 2021

Case Class:

Criminal

Court:

High Court at Mombasa

Case Action:

Judgment

Judge(s):

Anne Colleta Apondi Ong’injo

Citation:

Peter Gachanja Kibanya v Republic [2021] eKLR

Advocates:

Ms. Karanja for the Respondent

Case History:

(Being an appeal against the sentence of 3rd December 2015 charged with offence of Trafficking in Narcotic Drug contrary to section 4(b) of the Narcotic Drugs & Psychotropic Substances Control Act No. 4 of 1994 by Hon. D. Mochache PM at Mombasa Chief Magistrate Court.

Court Division:

Criminal

County:

Mombasa

Advocates:

Ms. Karanja for the Respondent

History Magistrate:

Hon. D. Mochache - PM

History Advocates:

One party or some parties represented

History County:

Mombasa

Case Outcome:

Appeal allowed.

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

CRIMINAL APPEAL NO. 5 OF 2020

PETER GACHANJA KIBANYA..................................................................................APPELLANT

VERSUS

REPUBLIC...................................................................................................................RESPONDENT

(Being an appeal against the sentence of 3

rd

December 2015 charged with offence of Trafficking

in Narcotic Drug contrary to section 4(b) of the Narcotic Drugs & Psychotropic

Substances Control Act No. 4 of 1994 by Hon. D. Mochache PM

at Mombasa Chief Magistrate Court.

J U D G M E N T

1. The Appellant Peter Gachanja Kibanya filed appeal against the sentence passed against him in Mombasa Chief Magistrates Court CR. Case No. 2337 of 2015 by Hon. D. Mochache PM on 3

rd

December 2015 for the offence of trafficking in Narcotic drugs contrary to Section 4(b) of the Narcotic drugs and psychotropic substances Control Act No. 4 of 1994 where he was sentenced to 10 years imprisonment.

2.The particulars of the offence were that Peter Gachanja Kibanya on the 25

th

day of November 2015 at Makadara are access Mombasa District within Mombasa County was found trafficking in narcotic drugs to wit 13 rolls of cannabis with street value of Kshs.260/= by way of conveying in contravention of that said act.

3. The appellant pleaded guilty to the charge and facts when explained to him and upon consideration of his mitigation he was sentenced to 10 years imprisonment.

4. Appellant has appealed on the ground that sentence is harsh and excessive;

That the charge of trafficking was never proved.

That the trial Magistrate did not consider that his arrest had no connection with the charge.

He also said he never wasted courts time and he was remorseful. The Respondent counsel didn’t oppose appeal.

5. The appeal is therefore allowed. Period served by appellant is more than sufficient punishment for offence of trafficking 13 rolls of cannabis with street value of Kshs.260/=. The appellant to be set at liberty forthwith unless lawfully detained.

DATED, SIGNED AND DELIVERED IN OPEN COURT /ONLINE THROUGH MS TEAMS, THIS 29TH DAY OF JULY, 2021

HON. LADY JUSTICE A. ONG’INJO

JUDGE

In the presence of

:-

Ogwel – Court assistant

Ms. Karanja for Respondent

Appellant – Present in person

Hon. Lady Justice A. Ong’injo

Judge