[2019] KEHC 9298 (KLR)
The court found that there was no irregularity in the proceedings of the lower court and that the sentence imposed was correct, legal, and proper as prescribed by law. Furthermore, the court held that since the applicant could have appealed the sentence but did not do so, the application for revision was not...
Source-derived case information.
- Citation
- [2019] KEHC 9298 (KLR)
- Parties
- Appellant: Moses Mburu Ndungu; Respondent: The Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 1 of 2019
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Legal Topics
- Criminal Revision, Sentencing Principles, Driving Under Influence, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Mburu Ndungu
Appellant
The Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed by the lower court was correct, legal, and proper under the Criminal Procedure Code.
- 2 Whether the proceedings in the lower court were regular and free from irregularity.
- 3 Whether the application for revision is maintainable where an appeal lies but was not filed.
Ratio Decidendi
The court found that there was no irregularity in the proceedings of the lower court and that the sentence imposed was correct, legal, and proper as prescribed by law. Furthermore, the court held that since the applicant could have appealed the sentence but did not do so, the application for revision was not maintainable under Section 364(5) of the Criminal Procedure Code. Consequently, the application for revision lacked merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
- A copy of this ruling to be certified to Senior Resident Magistrate Keroka.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAMIRA
CRIMINAL REVISION NO. 01 OF 2019
MOSES MBURU NDUNGU...............................APPELLANT
VERSUS
THE REPUBLIC..............................................RESPONDENT
{From original Conviction and Sentence of Hon. B. M. Kimtai – SRM in the Original Keroka Principal Magistrate’s Court Traffic Case No. 527 of 2018}
RULING
The applicant in this case seeks revision of the sentence of the lower court under Sections 362 and 364 of the Criminal Procedure Code. He was sentenced to a fine of Kshs. 100,000/= or one (1) year imprisonment after pleading guilty to a charge of driving a motor vehicle on a public road under the influence of alcohol. Section 362 of the Criminal Procedure Code gives this court jurisdiction to examine the sentences of the lower court for correctness, legality or propriety and the regularity of the proceedings. In this case the applicant pleaded guilty, whereupon the facts were read to him and he admitted the same before he was convicted and sentenced to the fine he now seeks to set aside. An application for revision is not an appeal and Section 364 (5) of the Criminal Procedure Code makes it clear that where “an appeal lies from a finding, sentence or order and no appeal is brought, no proceedings by way of revision shall be entertained at the insistence of the party who could have appealed.”
I am not persuaded that there was any irregularity in the proceedings in the lower court. The correctness, legality and propriety of the sentence meted is also not in doubt as the sentence is what is prescribed by the law.
Accordingly, the application for revision has no merit and it is dismissed. Copy of this ruling be certified to Senior Resident Magistrate Keroka.
E. N. MAINA – J
26/02/2019