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ELCAllowedNot stated in judgment· [2019] KEELC 3186 (KLR)

Samson Ambani Ingata v Republic [2019] KEELC 3186 (KLR)

High Court of Kenya
24 May 2019
RSR.N. Sitati
1,151 words in judgment
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The bottom line

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Kenya's High Court slashed a Kshs.1 million drug fine to time served because the trial court never checked if the accused could afford to pay.

What this practically means

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Executive summary

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The appellant, the first of five accused, was charged with trafficking in narcotics contrary to Section 4(a) of the Narcotic and Psychotropic Substances Act, and in the alternative with possession of narcotics under Sections 3(1) and 3(2), and in Count II with being found in a place where narcotics were used contrary to Section 5(1)(b). The offences arose from a 20 October 2015 anti-narcotics operation at Shikhambi area, Shieywe location, Kakamega, in which the appellant, the caretaker of the house, was arrested with 32 rolls of bhang. He pleaded guilty to both counts and was convicted, receiving a fine of Kshs.1,000,000 in default imprisonment for life on the first count and a Kshs.10,000 fine in default 3 months on the second, running concurrently. His co-accused, who pleaded not guilty and were convicted after full trial, were fined only Kshs.2,000 in default 2 months. On appeal, the appellant did not contest conviction but sought review of sentence, alleging coercion in the plea and excessiveness. The respondent conceded the appeal, citing the prejudicial disparity in sentences. Relying on Karanja v Republic and Diego v Republic, Sitati J held that the trial court had not enquired into the appellant's ability to pay the fine and that the sentence was manifestly excessive. The appeal on sentence was allowed, the sentence set aside, and the appellant sentenced to the period already served without any fine, with immediate release unless otherwise lawfully held.

Key legal issues

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01

Whether the appellate court can interfere with the sentence of a fine of Kshs.1,000,000 in default imprisonment for life

Holding

The appeal on sentence was allowed; the sentence was excessive because the trial court did not enquire into the appellant's ability to pay the fine and there was unjustified disparity with co-accused fined Kshs.2,000 after trial

Reasoning

The court applied the principles in Karanja v Republic and Diego v Republic that interference with sentence is warranted where the trial court acted on a wrong principle or imposed a manifestly excessive sentence. The record showed no enquiry into the appellant's means, and co-accused convicted after full trial were fined only Kshs.2,000, making the disparity prejudicial. The respondent conceded the appeal on that basis.

p. 2

Legal principles established

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  • An appellate court may interfere with sentence only where the sentence is illegal, manifestly excessive or manifestly inadequate, or where the trial court acted on a wrong principle
  • A trial court should enquire into an accused's capacity to pay a fine before imposing it; failure to do so, where the fine is excessive, justifies reduction

Court orders

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  1. 1.Appeal on sentence allowed
  2. 2.Sentence imposed by the trial court set aside
  3. 3.Appellant sentenced to the period already served, without the additional element of a fine
  4. 4.Appellant to be released from prison custody forthwith unless otherwise lawfully held

Authorities

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Legislation

  • Narcotic and Psychotropic Substances ActSection 4(a)
  • Narcotic and Psychotropic Substances ActSections 3(1) and 3(2)
  • Narcotic and Psychotropic Substances ActSection 5(1)(b)

Cases cited (2)

  • Karanja Vs Republic
    (1985) KLR 348
  • Diego Vs Republic
    (1985) KLR 621
On appeal from
Magistrates' Court, Kakamega
Not stated in judgment
Jurisdiction invoked
First appellate jurisdiction over conviction and sentence under the Narcotic and Psychotropic Substances Act No. 4 of 1994 charges (appeal against sentence only)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Samson Ambani Ingata v Republic [2019] KEELC 3186 (KLR)", Case Analysis (2019). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/3186/eng@2019-05-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.