[2008] KEHC 3979 (KLR)
The High Court found that the sentence imposed by the Magistrate's Court was regular and lawful, with no evidence or claim of illegality or irregularity. The applicant's plea was based solely on personal and family hardship, which does not constitute a legal ground for revision under the Criminal Procedure Code. The...
Source-derived case information.
- Citation
- [2008] KEHC 3979 (KLR)
- Parties
- Applicant: James Kangethe Njoroge; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 541 of 2007
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Application for revision of sentence dismissed; original sentence sustained.
- Legal Topics
- Sentence Revision, Non Custodial Sentence, Judicial Discretion in Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Kangethe Njoroge
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed by the Magistrate's Court was illegal or irregular.
- 2 Whether there is a legal basis for the High Court to revise the sentence to a non-custodial one.
Ratio Decidendi
The High Court found that the sentence imposed by the Magistrate's Court was regular and lawful, with no evidence or claim of illegality or irregularity. The applicant's plea was based solely on personal and family hardship, which does not constitute a legal ground for revision under the Criminal Procedure Code. The Court is bound to uphold sentences that are valid in law and cannot substitute them on grounds of sympathy alone. Therefore, the application for revision was dismissed, and the original sentence was sustained.
Court Disposition
Application for revision of sentence dismissed; original sentence sustained.
Orders
- The sentence imposed by the trial Court is sustained.
- This application for review is dismissed.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
(Coram: Ojwang, J.)
CRIMINAL REVISION NO. 541 OF 2007
JAMES KANGETHE NJOROGE………………. APPLICANT
-VERSUS-
REPUBLIC……………………………….……RESPONDENT
RULING
The applicant comes before this Court seeking revision of sentence. He asks to be given a non-custodial sentence.
His reasons are that he is personally suffering in prison custody, but even more important, that his dependant family is badly affected during his service of prison term.
Essentially, what is before the Court is a plea for sympathy, and a substitution of the lawful sentence imposed by the Magistrate’s Court.
It was not claimed at any time that the said sentence of the trial Court was illegal or irregular. This Court goes by the record, in a matter such as this. The record shows the sentence complained about to have been regular in every respect. Therefore it is a valid sentence which this Court has a judicial duty to see served out.
It follows that no legal basis has been laid for a review of the sentence of the Magistrate’s Court.
Consequently I will order as follows:
(1) The sentence imposed by the trial Court is sustained.
(2) This application for review is dismissed.
(3) Officer-in-charge of Kamiti Prison shall have the applicant escorted to hospital for medical attention, within 36 hours of the time (9. 30 a.m.) and date hereof.
Orders accordingly.
DATED and DELIVERED at Nairobi this 26th day of February, 2008.
J.B. OJWANG
JUDGE
Coram: Ojwang, J.
Court Clerk: Huka
For the Respondent: Mrs. Obuo
Applicant in person