CRIMINAL DIVISION
HIGH COURT CRIMINAL REVISION CASE NO. E199/2024
DENNIS WACHIRA MWANGI………………………………...APPLICANT
-VERSUS-
REPUBLIC…………………..............………………………..RESPONDENT
RULING
1. The Applicant DENNIS WACHIRA MWANGI had been charged in the Lower Court with the following charges.
COUNT NO. 1
Robbery with Violence Contrary to Section 296(2) of the Penal Code.
COUNT NO. 2
Attempted Robbery with violence contrary to Section 297 (2) of the
Penal Code.
2. The Applicant entered a plea of ‘Not Guilty’ to both charges. The trial
commenced on 1st September 2022 before HON. OKUCHE Principal
Magistrate.
3. On 17th May 2023 the learned trial magistrate delivered the judgment
in which he convicted the Applicant on both counts. After listening to
mitigation the court proceeded to sentence the Applicant to serve
twenty (20) years imprisonment on the first count and seven (7)
years imprisonment on the second count. The sentences were to run
concurrently.
4. The Applicant has now filed this application seeking to have the sentences
imposed upon him by the trial court reviewed.
5. The learned state counsel Ms. Kaniu opposed the application. The
Power of the High Court to review sentences is set out in Section 362
of the Penal Code, Cap 63 Laws of Kenya which provides as follows:-
“The High Court may call for and examine the record of any criminal proceedings before any subordinate Court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed and as to the regularity of any proceedings in any such subordinate court.”
6. The orders which the High Court may make upon revision are provided
by Section 364 of the Penal Code.
7. I have carefully perused the record of the proceedings before the lower
court. I note that the trial was conducted procedurally. The applicant
was accorded an opportunity to cross-examine all the witnesses called
by the prosecution. I find that there was no procedural defect in the
manner in which the trial was conducted.
8. It must be remembered that the issue of sentencing lies at the discretion
of the trial court. If the applicant wishes to challenge his conviction
and/or sentence he may file an appeal. This application for review lacks
merit. The same is dismissed in its entirety. This file is now CLOSED.
Dated in Nyeri this 11th day of July 2025
HIGH COURT CRIMINAL REVISION CASE NO. E199/2024
DENNIS WACHIRA MWANGI………………………………...APPLICANT
-VERSUS-
REPUBLIC…………………..............………………………..RESPONDENT
RULING
1. The Applicant DENNIS WACHIRA MWANGI had been charged in the Lower Court with the following charges.
COUNT NO. 1
Robbery with Violence Contrary to Section 296(2) of the Penal Code.
COUNT NO. 2
Attempted Robbery with violence contrary to Section 297 (2) of the
Penal Code.
2. The Applicant entered a plea of ‘Not Guilty’ to both charges. The trial
commenced on 1st September 2022 before HON. OKUCHE Principal
Magistrate.
3. On 17th May 2023 the learned trial magistrate delivered the judgment
in which he convicted the Applicant on both counts. After listening to
mitigation the court proceeded to sentence the Applicant to serve
twenty (20) years imprisonment on the first count and seven (7)
years imprisonment on the second count. The sentences were to run
concurrently.
4. The Applicant has now filed this application seeking to have the sentences
imposed upon him by the trial court reviewed.
5. The learned state counsel Ms. Kaniu opposed the application. The
Power of the High Court to review sentences is set out in Section 362
of the Penal Code, Cap 63 Laws of Kenya which provides as follows:-
“The High Court may call for and examine the record of any criminal proceedings before any subordinate Court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed and as to the regularity of any proceedings in any such subordinate court.”
6. The orders which the High Court may make upon revision are provided
by Section 364 of the Penal Code.
7. I have carefully perused the record of the proceedings before the lower
court. I note that the trial was conducted procedurally. The applicant
was accorded an opportunity to cross-examine all the witnesses called
by the prosecution. I find that there was no procedural defect in the
manner in which the trial was conducted.
8. It must be remembered that the issue of sentencing lies at the discretion
of the trial court. If the applicant wishes to challenge his conviction
and/or sentence he may file an appeal. This application for review lacks
merit. The same is dismissed in its entirety. This file is now CLOSED.
Dated in Nyeri this 11th day of July 2025