[2023] KEHC 20175 (KLR)
The High Court found that the trial court had duly considered all relevant factors before imposing the sentence of eighteen months' imprisonment on both counts, to run concurrently. There was no evidence of illegality, impropriety, or miscarriage of justice in the sentencing process. The applicant failed to...
Source-derived case information.
- Citation
- [2023] KEHC 20175 (KLR)
- Parties
- Applicant: Samuel Njoroge Mbugua; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E660 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- SM Mohochi
- Legal Topics
- Sentence Review, Community Service Orders, Concurrent Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Samuel Njoroge Mbugua
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed by the trial court was proper and warranted revision.
- 2 Whether all relevant factors were considered by the trial court in sentencing.
Ratio Decidendi
The High Court found that the trial court had duly considered all relevant factors before imposing the sentence of eighteen months' imprisonment on both counts, to run concurrently. There was no evidence of illegality, impropriety, or miscarriage of justice in the sentencing process. The applicant failed to demonstrate any error or omission that would warrant the court's intervention through revision. Accordingly, the application for revision lacked merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
Mbugua v Republic (Revision Case E660 of 2022) [2023] KEHC 20175 (KLR) (12 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20175 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E660 of 2022
SM Mohochi, J
July 12, 2023
Between
Samuel Njoroge Mbugua
Applicant
and
Republic
Respondent
Ruling
1. The applicant was sentenced to imprisonment for a term of eighteen (18) months on Count 1 and Count 2 both sentences running concurrently.
2. This court has reviewed the trial proceedings in Molo C. M’s Court Criminal Case No.1508 of 2020.
3. The Applicant was charged with a Nickson Musalia Angoni that was initially imprisoned on August 14, 2019 for three years having been convicted for a similar offence. He subsequently sought review and the same was allowed and he was placed to serve the Community at the Molo Community Service Office for three (3) months.
4. The court has upon review found that the trial court took into consideration all factors when imposing the case.
The application for revision fails for want of merit.The application is accordingly dismissed.
SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ON THIS 12TH JULY 2023MOHOCHI S.MJUDGEIn the presence of: -Court Assistant – ScholaState Counsel – Ms. Mburu