[2021] KEHC 3596 (KLR)
The court found that the applicant had already been re-sentenced by the trial court in compliance with the High Court's earlier directive following the dismissal of his appeal. There was no demonstration of any illegality, impropriety, or error in the sentence imposed by the trial court upon re-sentencing....
Source-derived case information.
- Citation
- [2021] KEHC 3596 (KLR)
- Parties
- Applicant: James Mwangi Njogu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case E239 of 2021
- Procedural Posture
- Miscellaneous Criminal Revision / Ruling on Review
- Outcome
- application dismissed
- Judges
- MM Kasango
- Legal Topics
- Robbery With Violence, Rape, Sentencing Review, Criminal Appeal, Re Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Mwangi Njogu
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Revision / Ruling on Review
Legal Issues
- 1 Whether the applicant is entitled to a revision of his sentence after re-sentencing by the trial court.
- 2 Whether the High Court has grounds to interfere with the sentence imposed after re-sentencing.
Ratio Decidendi
The court found that the applicant had already been re-sentenced by the trial court in compliance with the High Court's earlier directive following the dismissal of his appeal. There was no demonstration of any illegality, impropriety, or error in the sentence imposed by the trial court upon re-sentencing. Consequently, there were no grounds for the High Court to exercise its revisionary jurisdiction over the sentence. The application for revision was therefore dismissed.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
MISC. CRIMINAL REVISION NO. E239 OF 2021
JAMES MWANGI NJOGU………..……………..….APPLICANT
VERSUS
REPUBLIC…………………………………..…..…RESPONDENT
RULING ON REVIEW
1. I have considered the application filed 13. 8.2021 filed by James Mwangi Njogu. He seeks revision of his sentence.
2. He was convicted in Thika Criminal Case No. 3794 of 2012 with three counts of Robbery with violence and one count on rape. He was sentenced by that court to death.
3. He appealed to Kiambu High Court Criminal Appeal No. 132 of 2017. The appeal was unsuccessful. By the judgment f 14/8/2018 Kiambu High Court dismissed the appeal on conviction and ordered the matter be placed before the trial court for consideration of re-sentencing.
4. On 23/1/2019 the trial court re-sentenced the applicant to 10 years on each count to run concurrently.
5. In view of the above, I decline to review the sentence. The application for revision is dismissed.
RULING DATED, SIGNED and DELIVERED at KIAMBU this 27TH day of SEPTEMBER, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant………………………..Nancy
Applicant: ………………………........James Mwangi Njogu
Respondent: ……………...……...........Mr. Kasyoka
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE