[2024] KEHC 12408 (KLR)
The court found that the applicant's trial was properly conducted, the plea of guilty was unequivocal, and the sentence imposed was lawful. The applicant was a repeat offender, having previously been sentenced for a similar offence. Given the seriousness of the offence and the applicant's criminal history, the court...
Source-derived case information.
- Citation
- [2024] KEHC 12408 (KLR)
- Parties
- Applicant: Benson Mwangi Wachira; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E042 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- application dismissed
- Judges
- MA Odero
- Legal Topics
- Sentencing Review, Repeat Offender, Narcotic Drugs Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Mwangi Wachira
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the sentence imposed on the applicant was correct, legal, and proper.
- 2 Whether the applicant's status as a repeat offender justified the sentence imposed.
Ratio Decidendi
The court found that the applicant's trial was properly conducted, the plea of guilty was unequivocal, and the sentence imposed was lawful. The applicant was a repeat offender, having previously been sentenced for a similar offence. Given the seriousness of the offence and the applicant's criminal history, the court held that there was no basis to interfere with or review the sentence imposed by the trial court. The application for revision was therefore dismissed in its entirety.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed in its entirety.
- No orders as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
Wachira v Republic (Criminal Revision E042 of 2023) [2024] KEHC 12408 (KLR) (11 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12408 (KLR)
Republic of Kenya
In the High Court at Nyeri
Criminal Revision E042 of 2023
MA Odero, J
October 11, 2024
FROM ORIGINAL CONVICTION AND SENTENCE IN CRIMINAL CASE NO. 161 OF 2023 OF THE CMS COURT AT NYERI
Between
Benson Mwangi Wachira
Applicant
and
Republic
Respondent
Ruling
1. The Applicant herein Benson Mwangi Wachira filed the Notice of Motion dated 12th October, 2023 seeking review of his sentence.
2. The office of the DPP opposed the Application.
3. The Applicant was charged with the offence of Trafficking Narcotic Drugs contrary to Section 4 as read with Section 4(a) of the Narcotic Drugs and Psychotropic Substances Control Act 2022.
4. The Applicant pleaded ‘Guilty’ to the charge and was sentenced to serve ten (10) years imprisonment without option to fine. The Applicant now prays that his sentence be reviewed.
5. As stated earlier the ODPP opposed the application for review of sentence submitting that the Applicant was not a first offender. That the offence was serious and thus a deterrent sentence was called for.
6. The power of the High Court to review is set out in Section 362 of the Penal Code Cap 60 Laws of Kenya as follows:-“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 as to the regularity of any proceedings of any such subordinate court.”
7. The duty of the court therefore is to examine the correctness, legality and/or propriety of any finding sentence or order.
8. I have perused the record in the matter and I am satisfied that the trial of the Applicant was properly conducted. There was no impropriety in the manner in which the plea was taken.
9. The Applicant pleaded guilty to the charge. He maintained the plea of ‘guilty’ even after the facts were read out.
10. The sentence imposed upon the Applicant was a legal sentence. As stated by the Learned State Counsel, the Applicant was a repeat offender. The Applicant conceded that he had previously been sentenced to serve six (6) months community service for a similar offence.
11. In the circumstances I am not inclined to review the sentence as imposed upon the Applicant. Accordingly this application is dismissed in its entirety with no orders on costs.
DATED IN NYERI THIS 11TH DAY OF OCTOBER, 2024MAUREEN A. ODEROJUDGE