[2017] KEHC 3223 (KLR)
The High Court, exercising its powers of revision under Sections 362 to 379 of the Criminal Procedure Code, found it appropriate to substitute the default custodial sentence imposed by the lower court. The original sentence of a fine of Ksh. 100,000 in default 2 years imprisonment was reviewed and substituted with a...
Source-derived case information.
- Citation
- [2017] KEHC 3223 (KLR)
- Parties
- Applicant: OSH; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 22 of 2017
- Procedural Posture
- Criminal Revision / Order on Revision of Sentence
- Outcome
- sentence revised and substituted
- Legal Topics
- Criminal Revision, Sentencing, Powers of High Court
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
OSH
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed by the lower court was appropriate and lawful.
- 2 Whether the High Court should exercise its revisionary powers to alter the sentence.
Ratio Decidendi
The High Court, exercising its powers of revision under Sections 362 to 379 of the Criminal Procedure Code, found it appropriate to substitute the default custodial sentence imposed by the lower court. The original sentence of a fine of Ksh. 100,000 in default 2 years imprisonment was reviewed and substituted with a fine of Ksh. 100,000 in default 12 months imprisonment. The court considered the proportionality and legality of the default custodial term in relation to the fine imposed, ensuring the sentence complied with statutory and sentencing guidelines.
Court Disposition
sentence revised and substituted
Orders
- The sentence of John Mutembei is reviewed from a fine of Ksh. 100,000 in default 2 years imprisonment and substituted with a fine of Ksh. 100,000 in default 12 months imprisonment from the date of sentence in the lower court.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION 22 OF 2017
OSH ……………………..............................……… APPLICANT
VERSUS
REPUBLIC …………………………….. ……….RESPONDENT
(Pursuant to an order issued by Chief Magistrate’s Court at Nanyuki on 24th February, 2017 in Nanyuki Chief Magistrate Criminal Case No. 662 of 2016)
4/10/2017
Before Justice Mary Kasango
C/A Njue/Mariastella
COURT IN CHAMBERS IN ABSENCE OF PARTIES.
ORDER
Pursuant to the powers of revision under Section 362 to 379 to the Criminal Procedure Code I review the sentence of John Mutembei from fine of Ksh. 100,000 in default 2 years imprisonment and SUBSTITUTE it with a fine of Ksh. 100,000 and in default 12 (twelve) months imprisonment from the date of sentence in the lower court.
Dated this 4th October, 2017
MARY KASANGO
JUDGE