Mwangi v Republic [2024] KEHC 9402 (KLR)

Mwangi v Republic (Revision Case E005 of 2023) [2024] KEHC 9402 (KLR) (22 July 2024) (Ruling)

Neutral citation: [2024] KEHC 9402 (KLR)

Republic of Kenya

In the High Court at Nyeri

Revision Case E005 of 2023

DKN Magare, J

July 22, 2024

Between

Michael Kaara Mwangi

Applicant

and

Republic

Respondent

Ruling

1. This is an application for revision of the Judgment delivered on 13/6/2022 for breaking and stealing. The application is premised on Section 362 and 364 of the Criminal Procedure Code.

2. The state submitted that the offence attracts a maximum of 7 years without an option of a fine. The guidelines provide for gravity of the offence.

3. Review is not interested on the length but on legality. The sentence is a proper one. If the Applicant felt a need to have the severity dealt with he should have appealed.

4. In the circumstances I make the following orders:-a.The sentence is confirmed. The same remains from date of arrest pursuant to Section 332(2) of the CPC.

DELIVERED, DATED AND SIGNED AT NYERI ON THIS 22ND DAY OF JULY, 2024. RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.KIZITO MAGAREJUDGEIn the presence of:-Mr. Mwakio for the StateNo appearance for the ApplicantCourt Assistant – Jedidah