[2025] KEHC 430 (KLR)
The court found that the sentence imposed by the trial court was legal, having considered the applicant's mitigation, pre-sentence report, and first offender status. The applicant's appeal had already been dismissed in its entirety. The court determined that there was no mistake apparent on the face of the record...
Source-derived case information.
- Citation
- [2025] KEHC 430 (KLR)
- Parties
- Applicant: Joseph Macharia Mugo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E093 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Narcotic Drugs Offences, Sentencing Principles, Criminal Revision, Mistake on Record
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Macharia Mugo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether there was a mistake apparent on the face of the record regarding the concurrency or consecutiveness of the sentences imposed.
- 2 Whether the court should review or interfere with its previous sentencing orders.
Ratio Decidendi
The court found that the sentence imposed by the trial court was legal, having considered the applicant's mitigation, pre-sentence report, and first offender status. The applicant's appeal had already been dismissed in its entirety. The court determined that there was no mistake apparent on the face of the record regarding the concurrency or consecutiveness of the sentences, and therefore, there was no basis for the court to interfere with or review its previous orders. The application for review was found to lack merit and was dismissed accordingly.
Court Disposition
application dismissed
Orders
- The application for review is dismissed.
- Orders accordingly.
Full Case Text
Judgment text and source record
21 paragraphs
Mugo v Republic (Criminal Revision E093 of 2023) [2025] KEHC 430 (KLR) (27 January 2025) (Ruling)
Neutral citation: [2025] KEHC 430 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision E093 of 2023
DR Kavedza, J
January 27, 2025
Between
Joseph Macharia Mugo
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with two counts of the offence of trafficking in narcotic drugs, contrary to section 4(a) of the Narcotic Drugs and Psychotropic Substances Control Act No. 4 of 1994. After a full trial, he was convicted of the two counts charged. In count I, he sentenced to pay a fine of Kshs. 2,301,840 in default to serve one (1) year imprisonment, in addition to serve an imprisonment term of two (2) years. In count II, he sentenced to pay a fine of Kshs. 1,000,000 in default to serve 1-year imprisonment, in addition to serve an imprisonment term of one (1) year. His appeal before this court was dismissed on 23rd October 2024.
2. He has filed the present application dated 16th December 2024 seeking review of the orders of this court. The grounds raised are that there was a mistake apparent on the face of the record, in that the court failed to indicate whether the sentence should run concurrently or consecutively.
3. I have considered the application, the affidavit in support and the applicable law.
4. From the record, the sentence was imposed by the trial court after considering the applicant’s mitigation, the pre-sentence report and the fact that he was a first offender. The sentence imposed was therefore legal.
5. The applicant’s appeal was dismissed in its entirety. In addition, I find no mistake apparent on the face of the record, to warrant the court’s interference with its decision.
6. For the foregoing reasons, the application is found to be lacking in merit and is dismissed.Orders accordingly.
RULING DATED AND DELIVERED THIS 27THDAY OF JANUARY 2025________________D. KAVEDZAJUDGE