[2019] KEHC 2582 (KLR)
The court held that since the applicant pleaded guilty to the charge, her remedy lay in appealing the sentence as to its extent or legality, not by way of revision. Section 364(5) of the Criminal Procedure Code expressly bars revision proceedings at the instance of a party who could have appealed but did not....
Source-derived case information.
- Citation
- [2019] KEHC 2582 (KLR)
- Parties
- Applicant: Martha Kemunto; Respondent: The State
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 22 of 2019
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- EM Muchoki
- Legal Topics
- Criminal Revision, Sentencing, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martha Kemunto
Applicant
The State
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant for possession of alcoholic drinks without a licence was excessive.
- 2 Whether the application for revision is properly before the court given the applicant pleaded guilty.
Ratio Decidendi
The court held that since the applicant pleaded guilty to the charge, her remedy lay in appealing the sentence as to its extent or legality, not by way of revision. Section 364(5) of the Criminal Procedure Code expressly bars revision proceedings at the instance of a party who could have appealed but did not. Therefore, the application for revision was not properly before the court and was dismissed.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
- This ruling shall be certified to the applicant and to the court that imposed the sentence as required by Section 367 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYAMIRA
CRIMINAL REVISION NO. 22 OF 2019
MARTHA KEMUNTO............................................................APPLICANT
=VRS=
THE STATE.........................................................................RESPONDENT
RULING
I have perused the application for revision herein. The applicant was sentenced to a fine of Kshs. 60,000/= or six (6) months imprisonment for possession of alcoholic drinks without a licence. She pleaded guilty to the charge. My reading of her application is that she considers that sentence was excessive. In my view her case is not suitable for revision. An accused person who has pleaded guilty has a right of appeal albeit only as to the extent or legality of the sentence – see Section 348 of the Criminal Procedure Code. Section 364 (5) of the Criminal Procedure Code states: -
“(5) When an appeal lies from a finding, sentence or order, and no appeal is brought, no proceeding by way of revision shall be entertained at the insistence of the party who could have appealed.”
Accordingly, this application is not properly before the court and it is dismissed. This ruling shall be certified to the applicant and to the court that imposed the sentence as required by Section 367 of the Criminal Procedure Code. It is so ordered.
Signed, dated and delivered in Nyamira this 6th day of November 2019.
E. N. MAINA
JUDGE