The High Court dismissed a sentence-review application, holding that after hearing the appeal it lacked jurisdiction. The proper forum was the Court of Appeal.
The court found that the applicant's request for concurrent sentences was without merit because the two offences were committed at different times, places, and under different circumstances, and thus did not arise from a single transaction. The court further held that the applicant was not entitled to an option of a fine in the second case because he was not a first offender, having already been convicted in a similar case. The trial court had already considered the period spent in pre-trial custody when imposing the five-year sentence, as evidenced by the sentencing remarks. Consequently, th…
Mwangi & another v Republiic [2025] KEHC 9280 (KLR)
Court
High Court
Case number
Criminal Appeal E003 of 2025
Judge
DR Kavedza
The court found that the appellants' plea of guilty was unequivocal, as the charge and facts were read to them in Kiswahili, a language they understood, and they admitted to both. The discrepancy in the value of the narcotics between the typed proceedings and the original record was a clerical error that did not affect the fairness of the proceedings or amount to a miscarriage of justice. The conviction was therefore proper and could not be interfered with on appeal. However, the trial court erred by failing to call for a pre-sentence report and by not considering a non-custodial sentence for…
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