- The applicant seeks review of sentence under section 362 -365 of the Criminal Procedure Code.
- The applicant was charged with the offence of Subjecting a Child to Cruel Punishment Under Section 152(1) (a) of the Children’s Act No. 29 of 2022.
- The applicant was sentenced to serve 3 years imprisonment on a plea of guilty.
- The applicant appeared before this court and informed the court the child she was accused handling with cruelty had wronged her so she decided to punish the child.
- The child was said to have been 8 years.
- I do not think that from the submissions of the appellant that she has realized that what she did was criminal of a criminal nature and she deserved punishment. The attitude of the applicant is that of a person who does not deserve the mercy of this court.
- In any event the sentence imposed against her was legal, proper, regular and correct in law thus this court can not in the circumstances exercise its power of revision in her favor.
- The applicant did not appear remorseful and I agree with counsel for the prosecution that she deserves to serve the full time to deter her from such conduct in the future.
- Consequently, the application is dismissed.
- It is so ordered.
JudgmentSYLVIA NEKESA VS The Republic1 min read
SYLVIA NEKESA VS The Republic
High Court at Milimani High Court · · Alexander Muasya Muteti