[2023] KEHC 20977 (KLR)
The High Court found that the trial court's sentence of a fine of Kshs 4,000 on each count, with a default sentence of two months' imprisonment to run concurrently, was lawful, proper, and lenient in the circumstances. The applicant had pleaded guilty to both charges under the Alcoholic Drinks Control Act, and there...
Source-derived case information.
- Citation
- [2023] KEHC 20977 (KLR)
- Parties
- Applicant: Samuel Mwangi Njoroge; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E508 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- application dismissed
- Judges
- SM Mohochi
- Legal Topics
- Sentence Review, Alcoholic Drinks Control, Plea of Guilty, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Mwangi Njoroge
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the sentence imposed by the trial court was correct, legal, and proper under the circumstances.
- 2 Whether the applicant is entitled to a revision of the sentence imposed for offences under the Alcoholic Drinks Control Act.
Ratio Decidendi
The High Court found that the trial court's sentence of a fine of Kshs 4,000 on each count, with a default sentence of two months' imprisonment to run concurrently, was lawful, proper, and lenient in the circumstances. The applicant had pleaded guilty to both charges under the Alcoholic Drinks Control Act, and there was no evidence of any error, illegality, or impropriety in the sentencing process. The court emphasized that sentencing is primarily within the discretion of the trial court, and there was no justification to interfere with the sentence imposed. Consequently, the application for revision was found to be without merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed.
- The sentence imposed by the trial court is upheld.
Full Case Text
Judgment text and source record
20 paragraphs
Njoroge v Republic (Revision Case E508 of 2022) [2023] KEHC 20977 (KLR) (24 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20977 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E508 of 2022
SM Mohochi, J
July 24, 2023
Between
Samuel Mwangi Njoroge
Applicant
and
Republic
Respondent
Ruling
1. The application for sentence review has been placed before this Court to consider the sentence of Kshs 4,000 fine and upon default to serve an imprisonment sentence of 2 months and Count 2 a sentence of fine of Kshs 4,000 upon default to serve imprisonment for 2 months, the sentences to run concurrently.
2. The Applicant had pleaded guilty to selling an alcoholic drink that does not conform to prescribed standards contrary to Section 32 (1) (2)) as read together with Section 32 (8) of the Alcoholic Drinks Control Act (2010) and Selling the Alcoholic drink without a license contrary to Section 7 (1) (b) as read together with Section 62 of the Alcoholic drinks control Act (2010).
3. This Court has called for and reviewed the entire proceedings in Nakuru Chief Magistrate’s Court Criminal Case No E3838 of 2022 to satisfy itself as to the correctness, legality and propriety of the sentence.
4. The Court finds no fault in the sentence as imposed, noting that the sentencing Court was lenient under the circumstance.
5. The application is thus without merit and is accordingly dismissed.It is so ordered.
SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ON THIS 24TH JULY 2023Mohochi S.MJUDGEIn the presence of:-Court Assistant – ScholaState Counsel – Ms. Mburu