[2020] KEHC 8966 (KLR)
The court found that the applicant, having previously been convicted for a similar offence and having absconded from a non-custodial sentence, demonstrated recidivist tendencies. The applicant's failure to comply with community service and subsequent re-offending justified a custodial sentence. However, the court...
Source-derived case information.
- Citation
- [2020] KEHC 8966 (KLR)
- Parties
- Applicant: Bernard Kibe Mwangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 42 of 2019
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- application dismissed with partial reduction of sentence
- Judges
- RM Mwongo
- Legal Topics
- Sentencing, Repeat Offender, Narcotic Trafficking
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Kibe Mwangi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether the applicant's sentence for trafficking in cannabis sativa should be revised.
- 2 Whether the applicant's status as a repeat offender affects the appropriateness of the sentence imposed.
Ratio Decidendi
The court found that the applicant, having previously been convicted for a similar offence and having absconded from a non-custodial sentence, demonstrated recidivist tendencies. The applicant's failure to comply with community service and subsequent re-offending justified a custodial sentence. However, the court exercised discretion to reduce the sentence from 10 years to 4 years, considering the circumstances, but declined to grant the full revision sought by the applicant. The reduction was deemed sufficient to serve the interests of justice while acknowledging the applicant's repeat offending and disregard for prior leniency.
Court Disposition
application dismissed with partial reduction of sentence
Orders
- The applicant's sentence is reduced from 10 years to 4 years imprisonment with effect from 19th June, 2019.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIVASHA
(CORAM: R. MWONGO, J.)
CRIMINAL REVISION NO. 42 OF 2019
BERNARD KIBE MWANGI...................................APPLICANT
VERSUS
REPUBLIC............................................................RESPONDENT
(From Original Criminal Case No. 318 of 2019 of the Principal Magistrate’s Court at Engineer - Hon. R. L. Musiega (RM)
20/01/2010
In Chambers Before Hon. Justice R. Mwongo, J
C/C - Ogutu
COURT
1. The file coming up for revision. The Applicant/Reviewee was convicted for trafficking in Cannabis Sativa and sentenced to a fine of Kshs 500,000/= in default to serve 10 years imprisonment with effect from 19th June, 2019.
2. The Applicant is a repeat offender having been convicted for Trafficking in Narcotic drugs (Cannabis) and was sentenced to 3 years and 4 months imprisonment in Criminal Case No. 37 of 2018.
3. Vide High Court Revision No. 103 of 2019 Applicant sentence was revised and he was freed to non-custodial sentence on 27th February, 2019. According to the Probation Officer’s Report in the present case, the Applicant absconded from the Community Service ordered on 27th February, 2019 and disappeared only to be arrested, charged and convicted for a similar offence in the present case where he was sentenced to 10 years imprisonment.
4. In light of the foregoing, the Applicant’s revision application fails.
ORDER
The court however reduces the Applicant’s sentence from 10 years to four (4) years with effect from 19th June, 2019.
Orders accordingly.
Written and dated at Naivasha this 20th day of January, 2020.
RICHARD MWONGO
JUDGE