[2017] KEHC 5967 (KLR)
The court found that the applicant's sentence of three years imprisonment was within the statutory maximum of ten years prescribed by Section 3(2)(a) of the Narcotic Drugs and Psychotropic Substances Control Act. The applicant did not demonstrate any illegality, impropriety, or irregularity in the sentence imposed...
Source-derived case information.
- Citation
- [2017] KEHC 5967 (KLR)
- Parties
- Applicant: Paul Kinyua Wakuthi; Respondent: Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 145 of 2016
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- FN Muchemi
- Legal Topics
- Sentencing Principles, Revision Jurisdiction, Narcotic Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Kinyua Wakuthi
Applicant
Director of Public Prosecutions
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant was harsh or excessive.
- 2 Whether the applicant was entitled to an option of a fine under the relevant statute.
- 3 Whether the application satisfied the requirements for revision under Section 362 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the applicant's sentence of three years imprisonment was within the statutory maximum of ten years prescribed by Section 3(2)(a) of the Narcotic Drugs and Psychotropic Substances Control Act. The applicant did not demonstrate any illegality, impropriety, or irregularity in the sentence imposed by the trial magistrate. The court further noted that the trial court had considered the applicant's mitigation before sentencing. As such, the application did not meet the threshold for revision under Section 362 of the Criminal Procedure Code, and there was no basis to interfere with the sentence.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
- The applicant to be served with a copy of the ruling.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
CRIMINAL REVISION NO. 145 OF 2016
PAUL KINYUA WAKUTHI....................................................APPLICANT
VERSUS
DIRECTOR OF PUBLIC PROSECUTIONS...................RESPONDENT
R U L I N G
1. This application is for revision under Sections 362 and 364 of the Criminal Procedure Code.
2. The applicant was convicted on his own plea of the offence of being in possession of cannabis sativa contrary to Section 3(1) 2(a) of the Narcotic Drugs and Psychotropic Substances Control Act, no. 4 of 1994. He was sentenced to three years imprisonment.
3. In this application, the applicant has no issue with the conviction and is only mitigating against the sentence which he considers as harsh. He complains that he was not given an option of fine. He further states that he has acquired skills in prison which will help him to make lawful earnings to sustain himself and family.
4. The provisions of Section 362 are designed to correct any finding, sentence or order by a magistrate where an illegality, irregularity, impropriety has been committed. In this application, the applicant does not fault the magistrate of any such illegality, impropriety or irregularity in passing sentence.
5. Section 3(2)(a) of the Narcotic Drugs & Psychotropic Substances Act provides for a maximum penalty of ten (10) years imprisonment. The applicant was sentenced to three years imprisonment which was within the law. The sentence meted out supports the fact that mitigation was considered by the trial court.
6. All considered I find that this application does not satisfy the requirements of Section 362 for revision and it is hereby dismissed.
7. The applicant to be served with a copy of the ruling.
8. It is hereby so ordered.
DATED AND SIGNED AT EMBU THIS 11TH DAY OF APRIL 2017.
F. MUCHEMI
JUDGE