Mwangi v Republic [2023] KEHC 21003 (KLR)

Mwangi v Republic (Revision Case E483 of 2022) [2023] KEHC 21003 (KLR) (21 July 2023) (Ruling)

Neutral citation: [2023] KEHC 21003 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E483 of 2022

SM Mohochi, J

July 21, 2023

Between

Margaret Wanjiru Mwangi

Applicant

and

Republic

Respondent

Ruling

1. The Court has called for and reviewed the entire proceedings in Nakuru Criminal Case No E1993/22 with a view of satisfying itself as to the correctness, legality and propriety of the sentence.

2. The Court finds that the Court disregarded the Applicant’s mitigation without basis, deprived her of the benefit of a 1st offender without reason, ignored the fact that the applicant was a single mother to two toddlers.

3. This Court finds in favour of the Applicant and allow the application. The imprisonment sentence of twenty (24) four months is set aside.

4. The Applicant shall perform Community Service Order at Assistant Chief’s Office at Mirangine for a period of six (6) months.It is so ordered.

SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ON THIS 21ST JULY 2023. .........................................................MOHOCHI S.MJUDGE