[2023] KEHC 20168 (KLR)
The High Court found that the trial court had properly exercised its sentencing discretion in convicting and sentencing the applicant to one year imprisonment for obtaining money by false pretence. Upon review of the entire criminal proceedings, the court found no error or omission in the sentencing process,...
Source-derived case information.
- Citation
- [2023] KEHC 20168 (KLR)
- Parties
- Applicant: John Mburu Ndungu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E485 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- application dismissed
- Judges
- SM Mohochi
- Legal Topics
- Sentencing Discretion, Review of Sentence, Obtaining by False Pretence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Mburu Ndungu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the trial court exercised its sentencing discretion judicially.
- 2 Whether the applicant's right to mitigation or other relevant factors were overlooked in sentencing.
Ratio Decidendi
The High Court found that the trial court had properly exercised its sentencing discretion in convicting and sentencing the applicant to one year imprisonment for obtaining money by false pretence. Upon review of the entire criminal proceedings, the court found no error or omission in the sentencing process, including no failure to consider mitigation or other relevant factors. Therefore, there was no basis to interfere with the sentence imposed by the trial court.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
Ndungu v Republic (Revision Case E485 of 2022) [2023] KEHC 20168 (KLR) (12 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20168 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E485 of 2022
SM Mohochi, J
July 12, 2023
Between
John Mburu Ndungu
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was convicted and sentenced to serve a term of imprisonment of one (1) year for the offence of obtaining money be false pretence contrary to Section 313 of the Penal Code.
2. He now seeks the review of the sentence.
3. Sentencing is an exercise of discretion and this Court shall only disturb such discretion if it is exercised not in a judicial manner or if the Court failed to afford a convict his/her right to mitigate or any other factors if they were to be considered then the trial Court would have arrived at a different sentence otherwise.
4. This Court has called for and examined the entire criminal proceedings in Nakuru CM’s Criminal Case No 2421 of 2021 and find no fault in the sentence.
5. The application thus fails for lack of merit and is accordingly dismissed.
SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ONTHIS 12TH JULY 2023________________________MOHOCHI S.MJUDGEIn the presence of: -Court Assistant – ScholaState Counsel – Ms. Mburu