[2017] KEHC 2296 (KLR)
The applicant failed to demonstrate that the sentence imposed by the trial court was illegal, irregular, or tainted with impropriety. The grounds advanced—personal reformation and acquisition of technical skills—are not recognized by law as sufficient to justify the exercise of the court's revisionary jurisdiction....
Source-derived case information.
- Citation
- [2017] KEHC 2296 (KLR)
- Parties
- Applicant: Maradona Mwangi Angutwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- ? 106 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- CW Githua
- Legal Topics
- Sentence Review, Revisionary Jurisdiction, Penal Code Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maradona Mwangi Angutwa
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the applicant has established sufficient grounds for review of sentence under the court's revisionary jurisdiction.
- 2 Whether reformation and acquisition of technical skills during imprisonment constitute valid grounds for sentence review.
Ratio Decidendi
The applicant failed to demonstrate that the sentence imposed by the trial court was illegal, irregular, or tainted with impropriety. The grounds advanced—personal reformation and acquisition of technical skills—are not recognized by law as sufficient to justify the exercise of the court's revisionary jurisdiction. The court emphasized that unless the legality or propriety of the sentence is challenged, it cannot intervene merely on the basis of post-conviction conduct or personal development. Consequently, the application for review of sentence was found to lack merit and was dismissed.
Court Disposition
application dismissed
Orders
- The applicant's motion for review of sentence is dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
MISC. NO. 106 OF 2017
MARADONA MWANGI ANGUTWA ……….….APPLICANT
VERSUS
REPUBLIC ………………..…………...........RESPONDENT
R U L I N G
I have read and considered the undated Notice of Motion filed in this court on 23rd September, 2017 by the applicant Maradona Mwangi Angutwa.
In the main, the applicant claims that he was convicted of the offence of attempted robbery contrary to Section 297(2) of the Penal Code and was sentenced to serve a term of seven years imprisonment.
He has not disclosed the Criminal Case in which he was convicted or the court that entered the conviction and passed the alleged sentence.
He however seeks a review of that sentence on grounds that he has now completely reformed and has attained some technical skills including arc welding when serving his prison term.
In my considered view, the applicant has not properly invoked this court’s revisionary jurisdiction. He has not faulted the sentence imposed upon him by the trial court in any way. He has not claimed that it was illegal. He seeks review solely on grounds that he has now reformed and that the period he has spent in remand awaiting trial should be considered. These are not grounds that would justify a review of sentence whose legality is not challenged and is not said to be either harsh or manifestly excessive.
The court can only exercise its revisionary jurisdiction as donated by Section 362 as read with Section 364 of the Criminal Procedure Code where it is alleged and demonstrated by the applicant that the order or sentence sought to be reviewed was either illegal, irregular or tainted with some impropriety.
In view of the foregoing, I am satisfied that the applicant’s motion lacks merit and it is hereby dismissed.
C. W. GITHUA
JUDGE
DATED, SIGNEDandDELIVEREDat ELDORETthis5thday ofOctober, 2017.