[2014] KEHC 1052 (KLR)
The court found that the sentence imposed by the subordinate court was lawful, correct, and very lenient given the statutory maximum of life imprisonment for the offence. There was no illegality, incorrectness, or impropriety in the proceedings or sentence to warrant revision under Sections 362 and 364 of the...
Source-derived case information.
- Citation
- [2014] KEHC 1052 (KLR)
- Parties
- Respondent: Republic; Applicant: Samuel Ireri Ndwiga
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 14 of 2014
- Procedural Posture
- Criminal Review / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- FN Muchemi
- Legal Topics
- Narcotic Drugs Possession, Sentencing Principles, Criminal Revision, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Samuel Ireri Ndwiga
Applicant
Procedural Posture
Criminal Review / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed by the subordinate court was incorrect, illegal, or improper under the Criminal Procedure Code.
- 2 Whether the applicant is entitled to a reduction or alteration of sentence on grounds of rehabilitation and acquisition of skills in prison.
Ratio Decidendi
The court found that the sentence imposed by the subordinate court was lawful, correct, and very lenient given the statutory maximum of life imprisonment for the offence. There was no illegality, incorrectness, or impropriety in the proceedings or sentence to warrant revision under Sections 362 and 364 of the Criminal Procedure Code. The applicant's plea for reduction based on rehabilitation and acquisition of skills in prison did not constitute a legal ground for revision. The application was therefore dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is declined.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL REVIEW NO. 14 OF 2014
REPUBLIC............................................................RESPONDENT
VERSUS
SAMUEL IRERI NDWIGA.........................ACCUSED/APPLICANT
R U L I N G
The applicant was convicted 6th December, 2013 by Embu Ag. Principal Magistrate of the offence of being in possession of narcotic drugs and psychotropic substances contrary to Section 3(1) of the Narcotic Drugs and Psychotropic Substances Act (act No.4 of 1994). He was sentenced to serve 24 months imprisonment. It was alleged in the charge that on 30th October 2013 at Kamviu village in Embu County, the applicant was found being in possession of 46 rolls of bhang in contravention with the Act.
The applicant pleaded guilty to the charge and the prosecutor read the facts to the court, produced the exhibit and the Government analyst report. The applicant admitted the facts and was convicted on his own plea of guilty and sentenced to serve a sentence of six months imprisonment.
In his application for revision the applicant pleads to this court to reduce his sentence based on the grounds that he has now acquired skills in prison in the field of carpentry which he wishes to utilize when he regains his freedom. He also prays for non-custodial sentence as an alternative.
This application is brought under Section 362 and 364 of the Criminal Procedure Code which law explains the purpose of revision as follows:-
Section 362
The High Court may call for and examine the record of any criminal proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and to the regularity of any proceedings of any such subordinate court.
The section confers powers to this court to review or alter any order in pursuance with Section 364 of the Act in respect of where the subordinate court has committed any wrong, illegally or impropriety. I have perused the proceedings of the Ag. Senior Principal Magistrate and find no incorrectness, illegality or irregularity in passing the sentence.
Section 3(1) provides for twenty (20) years imprisonment or a fine of Kshs.1,000,000/= or three times the market value of the narcotic drug or psychotropic substance whichever is greater or to imprisonment for life or to both such fine and imprisonment.
The maximum sentence being life imprisonment, the applicant was given a very lenient sentence. Even if this application was within the provisions of Section 362 which I have stated it is not, there would be no justification to review the sentence considering that it was lawful and very lenient.
I therefore find the application lacking merit and decline to grant the orders sought.
DELIVERED, SIGNED AND DATED AT EMBU THIS 17TH DAY OF DECEMBER, 2014.
F. MUCHEMI
JUDGE
In the presence of:-
The Applicant
Mr. Onjoro for Respondent
F. MUCHEMI
JUDGE