Mwangi v Republic [2024] KEHC 8697 (KLR)

Mwangi v Republic (Revision Case E527 of 2023) [2024] KEHC 8697 (KLR) (19 July 2024) (Ruling)

Neutral citation: [2024] KEHC 8697 (KLR)

Republic of Kenya

In the High Court at Murang'a

Revision Case E527 of 2023

S Mbungi, J

July 19, 2024

Between

Anthony Kanyingi Mwangi

Accused

and

Republic

Prosecution

Ruling

1. By undated application which was filed on 27/12/2023, the Applicant (inmate) Anthnoy Kanyingi Mwangi requested the court to invoke its power of review under Section 362 of the Criminal Procedure Code and requested the court to re-sentence him to serve Probation Community Service or the sentence be suspended.

2. I have looked at the grounds in support and the supporting affidavit, he says he has reformed. The court sought a report from the Probation Officer. A report was filed on 12. 3.2024 by Geofrey Mburu Probation Officer. I have read the report. It is so detailed. After interviewing the relevant sources, he made a finding that the inmate (applicant) is not suitable for non-custodial sentence. Th community said he is a known criminal. The record shows he is not a first offender. He has served a 2 years’ imprisonment sentence for a similar offence

3. Taking into consideration the views expressed by the community and the fact that the offender is not a first offender.

4. I find the applicant has not persuaded the court in a manner to make me exercise my discretion to disturb the sentence meted by the trial court. I therefore dismiss the applicant application filed on 27/12/2023. The inmate shall continue serving the sentence as meted by the trial court.Right of appeal 14 days

HON MR. JUSTICE S. MBUNGIHIGH COURT JUDGEDATED THE 19TH DAY OF JULY 2024 AND READ IN OPEN COURT IN THE PRESENCE OF INMATECourt Assistant – Elizabeth and Prosecutor.