[2021] KEHC 3777 (KLR)
The court found that no material had been placed before it to demonstrate any incorrectness, illegality, or impropriety in the proceedings or sentence of the subordinate court. The applicant's grounds of advanced age and ill health, without more, do not meet the threshold for revision under section 362 of the...
Source-derived case information.
- Citation
- [2021] KEHC 3777 (KLR)
- Parties
- Applicant: Zippirah Kiilu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 421 of 2020
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- TW Cherere
- Legal Topics
- Criminal Revision, Sentencing, Penal Code Section 220
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zippirah Kiilu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed by the subordinate court was incorrect, illegal, or improper under section 362 of the Criminal Procedure Code.
Ratio Decidendi
The court found that no material had been placed before it to demonstrate any incorrectness, illegality, or impropriety in the proceedings or sentence of the subordinate court. The applicant's grounds of advanced age and ill health, without more, do not meet the threshold for revision under section 362 of the Criminal Procedure Code. Consequently, the court held that the application for revision lacked merit and disallowed it.
Court Disposition
application dismissed
Orders
- The application for revision is disallowed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
(CORAM: CHERERE-J)
CRIMINAL REVISION NO. 421 OF 2020
BETWEEN
ZIPPIRAH KIILU.........APPLICANT
AND
REPUBLIC................RESPONDENT
RULING
1. ZIPPIRAH KIILU (the Applicant) was charged attempted to section 220 of the Penal Code, was convicted and was on 14th February, 2018 sentenced to serve 7 years’ imprisonment.
2. Applicant did not appeal the sentence. She now seeks a revision of the sentence on the grounds that she is 71 years old and sickly.
3. The powers of the High court in revision cases are contained in Section 362 through to 366 of the Criminal Procedure Code (cap.75) Laws of Kenya. Section 362 specifically provides as follows: -
“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 as to the regularity of any proceedings of any such subordinate court”.
4. No material has been placed before the court to demonstrate any incorrectness, illegality or impropriety of the proceedings of the subordinate court. I therefore find that this revision has no merit and it is disallowed.
DATED AT KISUMU THIS 30TH DAY OFSEPTEMBER,2021
WAMAE. T.W. CHERERE
JUDGE
Court Assistant - Mr. Kinoti
Applicant - Present in person
For the State - Ms. Mwaniki