[2019] KEHC 9423 (KLR)
The court held that its jurisdiction in revision is confined to correcting illegality, impropriety, or irregularity in the proceedings or sentence, and not to re-evaluate the merits of the sentence unless exceptional circumstances exist. The applicant's claim that the sentence was harsh is a ground for appeal, not...
Source-derived case information.
- Citation
- [2019] KEHC 9423 (KLR)
- Parties
- Appellant: Cynthia Nyakundi; Respondent: The Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Revision Case 02 of 2019
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- EM Muchoki
- Legal Topics
- Sentence Revision, Appellate Jurisdiction, Criminal Procedure Code, Defective Charge Sheet
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Cynthia Nyakundi
Appellant
The Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed by the lower court was harsh and warranted revision.
- 2 Whether the applicant was entitled to a non-custodial sentence as a first offender.
- 3 Whether the charge sheet was defective and affected the regularity of the proceedings.
Ratio Decidendi
The court held that its jurisdiction in revision is confined to correcting illegality, impropriety, or irregularity in the proceedings or sentence, and not to re-evaluate the merits of the sentence unless exceptional circumstances exist. The applicant's claim that the sentence was harsh is a ground for appeal, not revision, and there was no evidence of illegality or irregularity in the proceedings or sentence. Furthermore, Section 364(5) of the Criminal Procedure Code expressly bars the court from entertaining a revision where the applicant could have appealed but did not. As such, the application for revision was dismissed for want of jurisdiction and merit.
Court Disposition
application dismissed
Orders
- This application is dismissed.
- This ruling be certified to the lower court as well as the applicant.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAMIRA
REVISION NO. 02 OF 2019
CYNTHIA NYAKUNDI...............................APPELLANT
=VRS=
THE REPUBLIC.......................................RESPONDENT
(From original Conviction and Sentence of Hon. S. K. Arome – SRM in the Original Keroka Principal Magistrate’s Court Criminal Case No. 107 of 2019)
RULING
The applicant has sought a revision of the sentence imposed by the lower court for being harsh. She has sought to mitigate and stated that she pleaded guilty to the charge, that she is a first offender who should have been given a fine or non-custodial sentence. She also alleges that the charge sheet was defective.
This being an application for revision as opposed to an appeal my duty is confined to ascertaining the correctness, legality and propriety of the sentence and the regularity of the proceedings. I have done so and I am not persuaded that any of those circumstances exist. The sentence being harsh should be a ground for appeal not revision unless where the court is engaged in a prison decongestion exercise. Section 364 (5) of the Criminal Procedure Code is clear that this court cannot entertain a revision where the applicant could have appealed but did not. This application is therefore dismissed.
E. N. MAINA
JUDGE
ORDER
This ruling be certified to the lower court as well as the applicant.
E. N. MAINA – J
26/02/2019