[2019] KEHC 4287 (KLR)
The court held that the application for revision was not suitable as the applicant had the right to appeal against the sentence if she was dissatisfied. The court emphasized that revisionary powers are not to be used as a substitute for an appeal, especially where the applicant's grievance is solely against the...
Source-derived case information.
- Citation
- [2019] KEHC 4287 (KLR)
- Parties
- Applicant: Susan Kerubo Manyaga; Respondent: The Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Revision Case 19 of 2019
- Procedural Posture
- Criminal Revision / Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- EM Muchoki
- Legal Topics
- Sentence Revision, Possession of Illicit Liquor, First Offender, Criminal Procedure, Excessive Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan Kerubo Manyaga
Applicant
The Republic
Respondent
Procedural Posture
Criminal Revision / Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed for possession of 80 litres of chang’aa was harsh and excessive given the applicant was a first offender.
- 2 Whether the matter was suitable for revision under Section 364(5) of the Criminal Procedure Code.
Ratio Decidendi
The court held that the application for revision was not suitable as the applicant had the right to appeal against the sentence if she was dissatisfied. The court emphasized that revisionary powers are not to be used as a substitute for an appeal, especially where the applicant's grievance is solely against the severity of the sentence and not the regularity of the proceedings. Since there was no allegation of irregularity or defect in the trial process, and the applicant's only ground was the harshness of the sentence, the application for revision was dismissed in accordance with Section 364(5) of the Criminal Procedure Code.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAMIRA
REVISION NO. 19 of 2019
SUSAN KERUBO MANYAGA........................APPLICANT
=VRS=
THE REPUBLIC...........................................RESPONDENT
{Being a Revision against the conviction and sentence of Hon. A. C. Towett – SRM Nyamira in Nyamira Chief Magistrate’s Court Criminal Case No. 1261 of 2019}
18th September, 2019
Before Lady Justice E. N. Maina – J
Court
I have perused the application for revision carefully. If I understand it well, it is against the sentence imposed for possession of 80 litres of chang’aa. The gravaman of the application is that the sentence was harsh and excessive given that the convict was a first offender. There is no allegation that the proceedings were defective or irregular. Only that the applicant is remorseful and a non-custodial sentence should be considered.
My finding is that the case is not suitable for revision as the applicant ought to have appealed against the sentence (see Section 364 (5) of the Criminal Procedure Code). The application for revision is dismissed.
E. N. MAINA
JUDGE