[2021] KEHC 890 (KLR)
The court found that no material had been presented to demonstrate any incorrectness, illegality, or impropriety in the proceedings or sentence of the subordinate court. Accordingly, the application for revision lacked merit and was disallowed. The court emphasized that the powers of revision are only exercisable...
Source-derived case information.
- Citation
- [2021] KEHC 890 (KLR)
- Parties
- Applicant: Fridah Karimi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E001 of 2020
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- TW Cherere
- Legal Topics
- Manslaughter, Sentencing Revision, Penal Code Section 202, Penal Code Section 205
- 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
Fridah Karimi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant was incorrect, illegal, or improper under the Criminal Procedure Code.
- 2 Whether there is any basis for the High Court to revise the sentence imposed by the subordinate court.
Ratio Decidendi
The court found that no material had been presented to demonstrate any incorrectness, illegality, or impropriety in the proceedings or sentence of the subordinate court. Accordingly, the application for revision lacked merit and was disallowed. The court emphasized that the powers of revision are only exercisable where there is a demonstrated error or impropriety, which was not established in this case.
Court Disposition
application dismissed
Orders
- The application for revision is disallowed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
(CORAM: CHERERE-J)
CRIMINAL REVISION NO.EOO1OF 2020
BETWEEN
FRIDAH KARIMI.......................................................................APPLICANT
AND
REPUBLIC...............................................................................RESPONDENT
RULING
1. FRIDAH KARIMI(the Applicant) was charged in ISIOLO CRIMINAL CASE NO. 108 OF 2017with manslaughter contrary to Section 202 (1) of the Penal Code as read with Section 205 of the Penal Code. She was convicted on 30th September, 2019 and sentenced to serve 5years’ imprisonment.
2. Applicant did not appeal the sentence. She now seeks a revision of the sentence on the grounds that she is a single mother, a sole breadwinner of her two children one of whom is sickly and has been of good conduct.
3. The powers of the High court in revision cases are contained in Section 362 through to 366 of the Criminal Procedure Code (cap.75) Laws of Kenya. Section 362 specifically provides as follows: -
“362. The High Court may call for and examine the record of any criminal proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of any such subordinate court”.
4. No material has been placed before the court to demonstrate any incorrectness, illegality or impropriety inthe proceedings of the subordinate court. I therefore find that thisrevision has no merit and it is disallowed.
DATED AT MERUTHIS 09TH DAY OF DECEMBER 2021
WAMAE. T.W. CHERERE
JUDGE
Court Assistants - Mr. Kinoti
Applicant - Present in person
For the State - Ms. Mwaniki