Court: This matter is placed before me for review of sentence under Article 50(2)(q) and 165(6) and (7) of the Constitution of Kenya, sections 362 and 364(1)(b) of the Criminal Procedure Code (Cap. 75) Laws of Kenya, the Probation of Offenders Act (Cap. 64) Laws of Kenya, section 3(1) of the Community Service Orders Act (Cap. 93) Laws of Kenya and pursuant to the Directions by the Honourable the Chief Justice in Her Memo dated 19/8/2024 on decongestion of prisons.
The Lower Court file has been placed before me and I have perused the same.
The offender was convicted and sentenced after trial by the Magistrate’s Court at Msambweni on 20/12/2023 on two counts. The first count was preparation to commit a felony contrary to section 308(1) of the Penal Code (Cap. 63) Laws of Kenya and the second count was being in possession of narcotic drugs contrary to section 3(1) as read with section 3(2)(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act (Cap. 245) Laws of Kenya.
He was sentenced to serve 7 years imprisonment on the charge of preparation to commit a felony and to a fine of KShs 5,000/= in default to serve 3 months imprisonment. The default term is to run concurrent to the term of imprisonment in the first count.
The offence of preparation to commit a felony is provided for under section 308(1) of the Penal Code as follows:
“Any person found armed with any dangerous or offensive weapon in circumstances that indicate that he was so armed with intent to commit any felony is guilty of a felony and is liable to imprisonment of not less than seven years and not more than fifteen years.”
The punishment for this offence is a mandatory minimum term of 7 years imprisonment. It is therefore not suitable for a non-custodial sentence or even review to a lesser punishment.
Consequently, I find that the case is NOT suitable for consideration for review of sentence.
This file is closed.
Orders accordingly.
Directions issued, dated and signed in in Chambers this 7th day of November 2024
HON. ANDAYI W. F.
JUDGE
Ruling transmitted to prison authorities electronically to be given effect immediately.
The Lower Court file has been placed before me and I have perused the same.
The offender was convicted and sentenced after trial by the Magistrate’s Court at Msambweni on 20/12/2023 on two counts. The first count was preparation to commit a felony contrary to section 308(1) of the Penal Code (Cap. 63) Laws of Kenya and the second count was being in possession of narcotic drugs contrary to section 3(1) as read with section 3(2)(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act (Cap. 245) Laws of Kenya.
He was sentenced to serve 7 years imprisonment on the charge of preparation to commit a felony and to a fine of KShs 5,000/= in default to serve 3 months imprisonment. The default term is to run concurrent to the term of imprisonment in the first count.
The offence of preparation to commit a felony is provided for under section 308(1) of the Penal Code as follows:
“Any person found armed with any dangerous or offensive weapon in circumstances that indicate that he was so armed with intent to commit any felony is guilty of a felony and is liable to imprisonment of not less than seven years and not more than fifteen years.”
The punishment for this offence is a mandatory minimum term of 7 years imprisonment. It is therefore not suitable for a non-custodial sentence or even review to a lesser punishment.
Consequently, I find that the case is NOT suitable for consideration for review of sentence.
This file is closed.
Orders accordingly.
Directions issued, dated and signed in in Chambers this 7th day of November 2024
HON. ANDAYI W. F.
JUDGE
Ruling transmitted to prison authorities electronically to be given effect immediately.