[2019] KEHC 9765 (KLR)
The court held that the application for review was based solely on personal mitigation factors that were not presented to the trial court at the time of sentencing. There was no illegality, irregularity, or impropriety in the original proceedings or sentence. Furthermore, the applicant had already paid the fine in...
Source-derived case information.
- Citation
- [2019] KEHC 9765 (KLR)
- Parties
- Applicant: Lucy Muriuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 127 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Revision
- Outcome
- Application for review dismissed as overtaken by events.
- Judges
- A Mabeya
- Legal Topics
- Sentence Review, Mitigation Factors, Excessive Fine, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Muriuki
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant was excessive and warranted review under section 364 of the Criminal Procedure Code.
- 2 Whether personal circumstances not presented at trial can justify revision of sentence.
Ratio Decidendi
The court held that the application for review was based solely on personal mitigation factors that were not presented to the trial court at the time of sentencing. There was no illegality, irregularity, or impropriety in the original proceedings or sentence. Furthermore, the applicant had already paid the fine in full and had been released from custody, rendering the application for review moot. The court therefore found that the application had been overtaken by events and declined to grant any orders for revision.
Court Disposition
Application for review dismissed as overtaken by events.
Orders
- The application for review is dismissed.
- No further orders are made.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC. CR. APPLICATION NO. 127 OF 2018
LUCY MURIUKI ..................................................................APPLICANT
VERSUS
REPUBLIC ........................................................................RESPONDENT
R U L I N G ON R E V I S I O N
1. Lucy Muriukiwas charged with the offence of selling alcoholic drinks without a licence in the Meru CM’s Cr. Case No 2136 of 2018. On pleading guilty, she was fined KShs.150,000/- or serve one year imprisonment.
2. On 19th November, 2018, she applied to this court for review of that sentence under section 364 of the Criminal Procedure Code, Cap 75 of the Laws of Kenya alleging that the fine was excessive. She also alleged that she was unwell and
had a son who had a condition that required special attention. She contended that she should have been sentenced to a non-custodial sentence.
3. When the court retired to write the ruling, it found that the averments in the supporting affidavit were at variance with the original record of the trial court. It was clear that the applicant did not tell the trial court her predicament that she was raising in the supporting affidavit for her application for review. In this regard, the court suspended the writing of the ruling and ordered that the Probation Officer do make a report on the applicant. That order was made on 19th December, 2018 and the ruling fixed for 28th February, 2019.
4. While the said orders were still pending on 28th December, 2019, the applicant paid the entire fine that had been meted out on her and she was freed from custody.
5. Since the application for review was based on personal conditions that goes to mitigation and not any irregularity of the proceedings or orders made by the trial court, on the petitioner having paid this fine, the application for review has been overtaken by events.
Orders accordingly.
SIGNED at Meru
A. MABEYA
JUDGE
DATEDand DELIVEREDat Meru this 28th day of February, 2019.
A. ONGI’NJO
JUDGE