[2024] KEHC 9402 (KLR)
The court held that the sentence imposed for breaking and stealing was lawful and proper, as it was within the statutory maximum and imposed in accordance with the law. The court emphasized that its power on revision is confined to correcting illegality or impropriety, not to reconsidering the severity of a sentence...
Source-derived case information.
- Citation
- [2024] KEHC 9402 (KLR)
- Parties
- Applicant: Michael Kaara Mwangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Revision Case E005 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed; sentence confirmed
- Judges
- DKN Magare
- Legal Topics
- Sentence Revision, Legality of Sentence, Breaking and Stealing, Criminal Procedure Code, Sentencing Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Kaara Mwangi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed for breaking and stealing was legal and proper under the Criminal Procedure Code.
- 2 Whether the High Court should interfere with the sentence on revision.
Ratio Decidendi
The court held that the sentence imposed for breaking and stealing was lawful and proper, as it was within the statutory maximum and imposed in accordance with the law. The court emphasized that its power on revision is confined to correcting illegality or impropriety, not to reconsidering the severity of a sentence that is otherwise legal. Since the applicant's grievance related to the severity rather than the legality of the sentence, the proper avenue would have been an appeal, not revision. Accordingly, the sentence was confirmed to run from the date of arrest pursuant to Section 332(2) of the Criminal Procedure Code.
Court Disposition
application dismissed; sentence confirmed
Orders
- The sentence is confirmed and remains from the date of arrest pursuant to Section 332(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
19 paragraphs
Mwangi v Republic (Revision Case E005 of 2023) [2024] KEHC 9402 (KLR) (22 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9402 (KLR)
Republic of Kenya
In the High Court at Nyeri
Revision Case E005 of 2023
DKN Magare, J
July 22, 2024
Between
Michael Kaara Mwangi
Applicant
and
Republic
Respondent
Ruling
1. This is an application for revision of the Judgment delivered on 13/6/2022 for breaking and stealing. The application is premised on Section 362 and 364 of the Criminal Procedure Code.
2. The state submitted that the offence attracts a maximum of 7 years without an option of a fine. The guidelines provide for gravity of the offence.
3. Review is not interested on the length but on legality. The sentence is a proper one. If the Applicant felt a need to have the severity dealt with he should have appealed.
4. In the circumstances I make the following orders:-a.The sentence is confirmed. The same remains from date of arrest pursuant to Section 332(2) of the CPC.
DELIVERED, DATED AND SIGNED AT NYERI ON THIS 22ND DAY OF JULY, 2024. RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.KIZITO MAGAREJUDGEIn the presence of:-Mr. Mwakio for the StateNo appearance for the ApplicantCourt Assistant – Jedidah