[2022] KEHC 2079 (KLR)
The court found that there was no irregularity in the proceedings before the trial court and nothing incorrect, illegal, or improper about the sentence imposed on the applicant. The applicant's plea for a non-custodial sentence was not sufficient to warrant revision, especially as an appeal against the sentence was...
Source-derived case information.
- Citation
- [2022] KEHC 2079 (KLR)
- Parties
- Applicant: TMK; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E123 of 2021
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- application dismissed
- Judges
- DW Mbuteti
- Legal Topics
- House Breaking, Stealing, Sentencing Revision, Penal Code Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
TMK
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether the sentence imposed by the trial court was incorrect, illegal, or improper.
- 2 Whether there was any irregularity in the proceedings before the trial court.
- 3 Whether the applicant is entitled to a non-custodial sentence through revision.
Ratio Decidendi
The court found that there was no irregularity in the proceedings before the trial court and nothing incorrect, illegal, or improper about the sentence imposed on the applicant. The applicant's plea for a non-custodial sentence was not sufficient to warrant revision, especially as an appeal against the sentence was already pending. The court emphasized that the proper avenue for challenging the sentence was through the pending appeal, not by way of revision. Consequently, the application for revision lacked merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
- The applicant is advised to pursue his appeal against the sentence.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION NO E123 OF 2021
TMK......................................APPLICANT
VERSUS
REPUBLIC......................RESPONDENT
(Revision from original Sentence dated 13. 08. 2021 in Nanyuki
CM Criminal Case No E1907 of 2021 – B M Mararo, PM)
J U D G M E N T
1. On 13/08/2021 the Applicant herein, TMK, was convicted upon his own plea of the offences of house-breaking and stealing from therein contrary to sections 304(1) (a) and 279 (b) of the Penal Codeand sentenced to 2 years imprisonment in each count, to run concurrently. He appealed against the sentence vide Nanyuki HC Criminal Appeal No E070 of 2021. That appeal is pending disposal.
2. The Appellant has now applied for revision of his sentence by his application herein filed on 26/10/2021. In his supporting “affidavit” he pleads for a non-custodial sentence
“In order to allow (him) to continue with (his) studies. He also states that he is “remorseful and…ready to be a law-abiding citizen to keep peace and order in the society…”
3. Learned counsel for the Respondent has opposed the application, submitting that there is no error apparent on the face of the record of the trial court, and that the Applicant should pursue his pending appeal against sentence.
4. When this court asked the Applicant his age, he replied that he was born on 10/08/2002. At the time he was convicted and sentenced on 13/08/2021 he was thus 19 years old. At the time of the offence on 01/08/2021 he was just shy of 19 years in age.
5. The power of revision of this court under sections 362 and 364of the Criminal Procedure Code, is exercised -
“…for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed (by a subordinate court), and as to the regularity of the proceedings.”
Upon perusal of the record of the trial court, I do not find anything irregular in the proceedings before that court. I also do not find anything incorrect, illegal or improper about the sentence meted out to the Applicant.
6. In the result I find no merit in this application for revision, and it is hereby dismissed. Let the Applicant pursue his appeal against the sentence.
DATED AND SIGNED AT NANYUKI THIS 23RD DAY OF FEBRUARY 2022
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 24TH DAY OF FEBRUARY 202