Ndungu v Republic [2023] KEHC 20168 (KLR)

Ndungu v Republic (Revision Case E485 of 2022) [2023] KEHC 20168 (KLR) (12 July 2023) (Ruling)

Neutral citation: [2023] KEHC 20168 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E485 of 2022

SM Mohochi, J

July 12, 2023

Between

John Mburu Ndungu

Applicant

and

Republic

Respondent

Ruling

1. The Applicant was convicted and sentenced to serve a term of imprisonment of one (1) year for the offence of obtaining money be false pretence contrary to Section 313 of the Penal Code.

2. He now seeks the review of the sentence.

3. Sentencing is an exercise of discretion and this Court shall only disturb such discretion if it is exercised not in a judicial manner or if the Court failed to afford a convict his/her right to mitigate or any other factors if they were to be considered then the trial Court would have arrived at a different sentence otherwise.

4. This Court has called for and examined the entire criminal proceedings in Nakuru CM’s Criminal Case No 2421 of 2021 and find no fault in the sentence.

5. The application thus fails for lack of merit and is accordingly dismissed.

SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ONTHIS 12TH JULY 2023________________________MOHOCHI S.MJUDGEIn the presence of: -Court Assistant – ScholaState Counsel – Ms. Mburu