[2017] KEHC 6053 (KLR)
The court found that the sentence of five years imprisonment for manslaughter was lawful, reasonable, and within the statutory maximum of life imprisonment. The trial magistrate had considered the applicant's mitigation, including her personal circumstances and responsibilities. No irregularity, impropriety, or...
Source-derived case information.
- Citation
- [2017] KEHC 6053 (KLR)
- Parties
- Applicant: Mercy Wanja Nthiga; Respondent: Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 152 of 2016
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed; sentence upheld
- Judges
- FN Muchemi
- Legal Topics
- Manslaughter, Sentencing Principles, Revision Jurisdiction, Mitigation, Penal Code Section 202
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mercy Wanja Nthiga
Applicant
Director of Public Prosecutions
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed for manslaughter was lawful and reasonable.
- 2 Whether there was any irregularity, impropriety, or illegality in the sentencing process warranting revision.
- 3 Whether the applicant's mitigation and personal circumstances justified a suspended sentence.
Ratio Decidendi
The court found that the sentence of five years imprisonment for manslaughter was lawful, reasonable, and within the statutory maximum of life imprisonment. The trial magistrate had considered the applicant's mitigation, including her personal circumstances and responsibilities. No irregularity, impropriety, or illegality was established in the sentencing process. Therefore, there was no basis for the High Court to interfere with or revise the sentence under its revisionary jurisdiction.
Court Disposition
application dismissed; sentence upheld
Orders
- The application for revision of sentence is dismissed.
- The sentence of five years imprisonment imposed by the trial court is upheld.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL REVISION NO. 152 OF 2016
MERCY WANJA NTHIGA........................................APPLICANT
VERSUS
DIRECTOR OF PUBLIC PROSECUTIONS.......RESPONDENT
R U L I N G
1. The applicant is before this court for revision of sentence imposed by principal Magistrate Siakago on 22/06/2016.
2. She was charged and convicted of the offence of manslaughter contrary to Section 202 of the Penal Code and sentenced to five (5) years imprisonment.
3. In her application, she states that she is satisfied with the conviction but urges the court to give her a suspended sentence relying on the following grounds:-
(a)That she is remorseful and reformed.
(b) That she has undertaken an embroidery course in prison as a vocational training.
(c)That she is a single mother aged 27 years.
(d) That she suffers from ulcers.
4. The maximum sentence provided fro the offence of manslaughter is life imprisonment. The applicant was sentenced to five (5) years imprisonment.
5. The sentence is within the law and quite reasonable considering the circumstances of the case. I am convinced that mitigation was considered in meting out the sentence.
6. The conditions provided under Section 362 of the Criminal Procedure Code are that the court must satisfy itself that the magistrate in passing the sentence made or committed some irregularity, impropriety or illegality.
7. In this application, the applicant has not established any of the foregoing on part of the magistrateand has not faulted the magistrate in anyway.
8. In her mitigation, the applicant explained her personal challenges and responsibilities which were duly considered by the magistrate in passing sentence.
9. I find no merit in this application and it is accordingly dismissed. The sentence imposed is hereby upheld.
10. It is hereby so ordered.
DATED AND SIGNED AT EMBU THIS 12TH DAY OF APRIL 2017.
F. MUCHEMI
JUDGE