Fridah Karimi v Republic [2021] KEHC 3333 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

(CORAM: CHERERE-J)

CRIMINAL REVISION NO. EOO1 OF 2020

BETWEEN

FRIDAH KARIMI.................................................................... APPLICANT

AND

REPUBLIC............................................................................RESPONDENT

RULING

1. FRIDAH KARIMI (the Applicant) was charged in ISIOLO CRIMINAL CASE NO. 108 OF 2017with manslaughter contrary to Section 202 (1) of the Penal Code as read with Section 205 of the Penal Code. She was convicted on 30th September, 2019 and sentenced to serve 5 years’ imprisonment.

2. Applicant did not appeal the sentence. She now seeks a revision of the sentence on the grounds that she is a single mother, a sole breadwinner of her two children one of whom is sickly and has been of good conduct.

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 thisrevision has no merit and it is disallowed.

DATED AT MERU THIS 06TH  DAY OF OCTOBER, 2021

WAMAE. T.W. CHERERE

JUDGE

Court Assistants  - Mr. Kinoti

Applicant   - Present in person

For the State        - Ms. Mwaniki