[2024] KEHC 12249 (KLR)
The court held that the applicant's request to have consecutive sentences run concurrently cannot be entertained under revision jurisdiction, as such alteration is not permitted unless the sentence is illegal, improper, or incorrect. The applicant's total sentence of five years exceeds the threshold for the...
Source-derived case information.
- Citation
- [2024] KEHC 12249 (KLR)
- Parties
- Applicant: Julius Ngugi Mwangi; Respondent: Prosecution
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E079 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Review of Sentence
- Outcome
- Application for review of sentence partially allowed; custodial sentence varied with directions for probation and community service eligibility.
- Judges
- GL Nzioka
- Legal Topics
- Sentence Review, Concurrent and Consecutive Sentences, Community Service Orders, Probation, Remission of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Ngugi Mwangi
Applicant
Prosecution
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the applicant is entitled to review of sentence from consecutive to concurrent terms under criminal revision jurisdiction.
- 2 Whether the accumulated sentence qualifies for consideration under the Community Service Orders Act.
- 3 What is the proper procedure for seeking alteration of consecutive sentences to concurrent sentences.
Ratio Decidendi
The court held that the applicant's request to have consecutive sentences run concurrently cannot be entertained under revision jurisdiction, as such alteration is not permitted unless the sentence is illegal, improper, or incorrect. The applicant's total sentence of five years exceeds the threshold for the Community Service Orders Act, which only applies to sentences of three years or less. However, the court exercised discretion to direct that after serving a further six months in custody (with remission considered), the applicant will be eligible for review under the Community Service Orders Act. Thereafter, the applicant shall serve the remainder of the sentence on probation, subject...
Court Disposition
Application for review of sentence partially allowed; custodial sentence varied with directions for probation and community service eligibility.
Orders
- Applicant to serve a further custodial sentence of six months from the date of ruling.
- Upon completion of the six months (with remission considered), applicant to be eligible for sentence review under the Community Service Orders Act.
Full Case Text
Judgment text and source record
18 paragraphs
Mwangi v Prosecution (Criminal Revision E079 of 2024) [2024] KEHC 12249 (KLR) (24 September 2024) (Ruling)
Neutral citation: [2024] KEHC 12249 (KLR)
Republic of Kenya
In the High Court at Naivasha
Criminal Revision E079 of 2024
GL Nzioka, J
September 24, 2024
Between
Julius Ngugi Mwangi
Applicant
and
Prosecution
Respondent
Ruling
1. The application herein seeking for review of sentence is considered. The materials placed before the court for consideration includes: -a.The trial court record of proceedingsb.The pre-sentence review report are considered
2. It is the finding of the court as follows: -a.If the applicant’s application is for review of the sentence so that instead of the sentences on the two (2) counts running consecutively, it runs concurrently, then he ought to file an appeal and not review.b.The order in (a) above is informed by the fact that, section 362 as read with section 364 of the Criminal Procedure Code envisages review of a sentence that is improper, illegal, unlawful and/or incorrect. That is not the case herein.c.The application of the Community Service Orders Act, relates to a sentence of not more than three (3) years. The applicant herein has an accumulated sentence of five (5) years and he has served only one (1) yeard.Pursuant to order in (c) above, I direct that, he services a further custodial sentence of six (6) months, which, when remission is considered he will be eligible for sentence review under Community Service Orders Act.e.After the six months, he shall be released on probationary services for the remaining period of his sentence which when calculated gives a period of about 18 months after the expiry six (6) months of this date.f.The Probation and After Care Department shall file periodic reports with the honourable court (to be confirmed by the Hon. Deputy Registrar) on quarterly basis on the compliance or otherwise with the probationary sentence.g.Either party be at liberty to apply in case of default or otherwise.
3. It is so ordered
DATED, DELIVERED AND SIGNED THIS 24TH DAY OF SEPTEMBER, 2024. GRACE L. NZIOKAJUDGEIn the presence of: -N/A for the applicantN/A for the respondentMr. Komen: Court Assistant