Anthony Kanyingi Mwangi v Republic

Mwangi v Republic (Revision Case E527 of 2023) [2024] KEHC 8697 (KLR) (19 July 2024) (Ruling) Neutral citation: [2024] KEHC 8697 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MURANG'A REVISION CASE E527 OF 2023 S MBUNGI, J JULY 19, 2024 BETWEEN ANTHONY KANYINGI MWANGI ........................................................... ACCUSED AND REPUBLIC ........................................................................................... PROSECUTION RULING 1. By undated application which was filed on 27/12/2023, the Applicant (inmate) Anthnoy Kanyingi Mwangi requested the court to invoke its power of review under Section 362 of the Criminal Procedure Code and requested the court to re-sentence him to serve Probation Community Service or the sentence be suspended. 2. I have looked at the grounds in support and the supporting affidavit, he says he has reformed. The court sought a report from the Probation Officer. A report was filed on 12.3.2024 by Geofrey Mburu Probation Officer. I have read the report. It is so detailed. After interviewing the relevant sources, he made a finding that the inmate (applicant) is not suitable for non-custodial sentence. Th community said he is a known criminal. The record shows he is not a first offender. He has served a 2 years’ imprisonment sentence for a similar offence 3. Taking into consideration the views expressed by the community and the fact that the offender is not a first offender. 4. I find the applicant has not persuaded the court in a manner to make me exercise my discretion to disturb the sentence meted by the trial court. I therefore dismiss the applicant application filed on 27/12/2023. The inmate shall continue serving the sentence as meted by the trial court. Right of appeal 14 days HON MR. JUSTICE S. MBUNGI https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/8697/eng@2024-07-19 1

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