[2021] KEHC 3809 (KLR)
The court found that the applicant failed to provide any sufficient basis or new compelling circumstances to warrant revision of the sentence imposed by the trial court. The probation report contradicted the applicant's claim regarding her child, indicating neglect and that the child was already in the care of her...
Source-derived case information.
- Citation
- [2021] KEHC 3809 (KLR)
- Parties
- Applicant: Margaret Nanjala Ambuvi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Revision E245 of 2021
- Procedural Posture
- Miscellaneous Criminal Revision / Ruling on Review
- Outcome
- application dismissed
- Judges
- MM Kasango
- Legal Topics
- Sentence Revision, Plea of Guilty, Non Custodial Sentence, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Nanjala Ambuvi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Revision / Ruling on Review
Legal Issues
- 1 Whether the applicant has provided sufficient grounds for revision of the sentence imposed by the trial court.
- 2 Whether the applicant's personal circumstances justify a non-custodial sentence.
Ratio Decidendi
The court found that the applicant failed to provide any sufficient basis or new compelling circumstances to warrant revision of the sentence imposed by the trial court. The probation report contradicted the applicant's claim regarding her child, indicating neglect and that the child was already in the care of her parents. Consequently, the application for revision was dismissed as there was no error, illegality, or impropriety in the original sentence.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is declined and dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
MISC. CRIMINAL REVISION NO. E245 OF 2021
MARGARET NANJALA AMBUVI..................................APPLICANT
VS.
REPUBLIC......................................................................RESPONDENT
RULING ON REVIEW
1. MARGARET NANJALA AMBUVIwas convicted of her own plea of guilt to the offence of stealing before Limuru Magistrate’s Court. She has applied by her application filed on 17/8/2021 for revision of her sentence.
2. Although she has stated that she wishes to have a non-custodial sentence because she has a young child, the probation report dated 6th April, 2021, indicates that her child was taken to the rural area by her parents because she neglected her.
3. There is no basis provided why the sentence of the trial court should be revised.
4. Accordingly, her application is declined. It is dismissed.
RULING DATED, SIGNED AND DELIVERED AT KIAMBU THIS 27TH DAY OF SEPTEMBER, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant…………………...Nancy
Applicant: ………………………Margaret Nanjala Ambavu
Respondent: ……………...……...Mr. Kasyoka
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE