[2021] KEHC 1652 (KLR)
The High Court found, upon perusal of the trial court record, that there was no mistake or error in law or procedure in the sentencing process. The trial court had ordered a pre-sentence report and considered the fact that the convict was a first offender. The applicants' contention that their views were not...
Source-derived case information.
- Citation
- [2021] KEHC 1652 (KLR)
- Parties
- Applicant: Grace Mumbua Mbai; Applicant: Angela Kalondu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E001 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- GMA Dulu
- Legal Topics
- Sentencing Review, Revision Jurisdiction, Complainant Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grace Mumbua Mbai
Applicant
Angela Kalondu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the trial court erred in law or procedure by failing to consider the complainants' views during sentencing.
- 2 Whether the sentence imposed by the trial court was illegal or improper warranting revision by the High Court.
Ratio Decidendi
The High Court found, upon perusal of the trial court record, that there was no mistake or error in law or procedure in the sentencing process. The trial court had ordered a pre-sentence report and considered the fact that the convict was a first offender. The applicants' contention that their views were not considered did not amount to an illegality or error justifying revision. The sentence imposed was lawful and within the trial court's discretion. Therefore, there was no basis for the High Court to interfere with or revise the sentence.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
- The sentence of the trial court stands.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCR REV. NO. E001 OF 2021
GRACE MUMBUA MBAI....................................................1ST APPLICANT
ANGELA KALONDU...........................................................2ND APPLICANT
VERSUS
REPUBLIC................................................................................RESPONDENT
RULING
1. Before me is an application for revision dated 25th January 2021 filed by the applicants through counsel J.M. Matata & company, brought under section 363 and 364 of the Criminal Procedure Code (cap.75).
2. The application relates to Kilungu Criminal Case No. 318 of 2020, and the applicants requests this court to examine the trial court record as to its correctness and legality, as it is alleged that the views of the complainants were ignored by the trial court in sentencing.
3. I note that the convict herein Kennedy Ndolo Muli was convicted of threatening to kill and sentenced to serve 2 years’ probation, after the trial court ordered filing of a pre-sentence report, and the prosecutor said that he was a first offender.
4. The applicants have now come to court saying that their views as complainants were not considered or taken into account in sentencing by the trial court, while the DPP has submitted that the magistrate exercised his discretion in sentencing properly.
5. The revision powers of this court under the Criminal Procedure Code section 362, 363 and 364are discretionary. Having perused the record, of the trial court, I find no mistake or error committed by the trial court either in procedure or the law or the order on sentence made.
6. I find no reason to review the sentence of the trial court. Thus the application for review of sentence is hereby dismissed. The sentence meted not being illegal, the request of the applicants for review of sentence cannot succeed.
DELIVERED, SIGNED & DATED THIS 1ST DAY OF DECEMBER 2021, IN OPEN COURT AT MAKUENI.
..............................
GEORGE DULU
JUDGE