Case ID:184769

Francis Kimani Ngugi v Republic [2021] eKLR

Case Metadata

Case Number:

Criminal Revision E111 of 2021.

Parties:

Francis Kimani Ngugi v Republic

Date Delivered:

04 Nov 2021

Case Class:

Criminal

Court:

High Court at Nakuru

Case Action:

Ruling

Judge(s):

Hilary Kiplagat Chemitei

Citation:

Francis Kimani Ngugi v Republic [2021] eKLR

Court Division:

Criminal

County:

Nakuru

Case Outcome:

Application disallowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAKURU

CRIMINAL REVISION NO. E111 OF 2021.

FRANCIS KIMANI NGUGI............APPLICANT

VERSUS

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

RULING

1. The applicant was charged and convicted for the offence of

stealing energy equipment contrary to section 169 (1) ,(3) of the Energy Act

as well as

vandalism of electrical apparatus contrary to section 169 (1),(b) of the said act.

He was sentence to serve 5 years’ imprisonment.

2.

He has applied for the revision of the said sentence based on the

Provisions of Section 363 and 364 of the Criminal Procedure Code as well as Article 165 (3) and (9) of the Constitution.

3. In his mitigation he stated that he was a first offender and remorseful and that he was a family man and that he wishes to be considered for probation under the

Probation of Offenders Act No. 64 of the Laws of Kenya.

4. The learned state counsel opposed the application on the grounds that there was no error on the face of record and he should instead consider appealing the said judgement.

5. The court agrees with the respondent. Sentencing is always discretional. There is no evidence that the same was excessive or at all. This courts powers under

Section 363 and 364 of the Criminal Procedure Code

are clear and specific. The court will only interfere if the trial court failed to consider or take into account salient factors enumerated therein.

6. For now, the application for revision is disallowed. Let the applicant file a formal appeal if he so wishes.

DATED SIGNED AND DELIVERED VIA VIDEO LINK ANT NAKURU THIS 4

TH

DAY OF NOVEMBER 2021.

H K CHEMITEI.

JUDGE