[2009] KEHC 2996 (KLR)
The High Court found that the Chief Magistrate erred by sentencing the applicant to a fine and imprisonment without first entering a conviction, as required by law. This procedural irregularity rendered the sentence invalid. The court exercised its revisionary jurisdiction under Section 362 of the Criminal Procedure...
Source-derived case information.
- Citation
- [2009] KEHC 2996 (KLR)
- Parties
- Respondent: Republic; Applicant: Veronica Maria
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 13 of 2009
- Procedural Posture
- Criminal Revision / Revision Order
- Outcome
- Sentence set aside; matter remitted for proper consideration of bail/bond application.
- Legal Topics
- Supervisory Jurisdiction, Revision of Magistrate Orders, Bail and Bond, Sentencing Error
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Veronica Maria
Applicant
Procedural Posture
Criminal Revision / Revision Order
Legal Issues
- 1 Whether the Chief Magistrate erred in sentencing the applicant without a conviction.
- 2 Whether the High Court should exercise its revisionary jurisdiction to set aside the sentence imposed without conviction.
Ratio Decidendi
The High Court found that the Chief Magistrate erred by sentencing the applicant to a fine and imprisonment without first entering a conviction, as required by law. This procedural irregularity rendered the sentence invalid. The court exercised its revisionary jurisdiction under Section 362 of the Criminal Procedure Code to set aside the sentence and directed that the matter be remitted to the Chief Magistrate for proper consideration of the bail/bond application, as the applicant had not been convicted and was entitled to due process.
Court Disposition
Sentence set aside; matter remitted for proper consideration of bail/bond application.
Orders
- The order of sentence is set aside.
- The file is to be placed before Mrs. Mwangi, Chief Magistrate, to consider the bail/bond application.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA
Criminal Revision 13 of 2009
REPUBLIC……………………………………………………..PROSECUTOR
VERSUS
VERONICA MARIA ……………………………………………….ACCUSED
ORDER ON REVISION
Pursuant to the provisions of Section 363 of the Criminal Procedure Code, Mrs. Mwangi, learned Chief Magistrate, Mombasa, placed this file before the High Court for perusal. In exercise of this court’s supervisory jurisdiction of revision under S.362 of the Criminal Procedure Code, I proceeded to examine the aforesaid record.
The court record indicates that Veronica Maria, hereinafter referred to as the applicant was arraigned before the Chief Magistrate’s Court to face a charge of lodging breaking and stealing contrary to Section 306(A) of the Penal Code. The applicant pleaded not guilty to the charge. She applied to be released on bond. The learned Chief Magistrate called for the probation officer’s report before determining the bail application. The probation report was filed in court. There was a recommendation that the applicant should not be admitted to bail.
The learned Chief Magistrate read the report and proceeded to sentence the applicant to pay a fine of Kshs.7,000/- in default to serve 4 months imprisonment. After a careful consideration of the proceedings, it is obvious that the learned Chief Magistrate fell into error. The sentence had no basis because there was no conviction in the first place. It is an error which can be interfered with by an on order of revision.
I hereby set aside the order of sentence and direct the file to be placed before Mrs. Mwangi, the learned Chief Magistrate to consider the bail/bond application.
Dated and delivered at Mombasa this 8th day of June 2009.
J. K. SERGON
J U D GE