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|Case Number:||Miscellenous Criminal Application Case 14 of 2016|
|Parties:||Benson Kiria Nyaga v Republic|
|Date Delivered:||20 Dec 2016|
|Court:||High Court at Chuka|
|Citation:||Benson Kiria Nyaga v Republic  eKLR|
|Case Outcome:||Application Dismissed|
|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 CHUKA
MISC. CRIMINAL APPLICATION CASE NO. 14 OF 2016
(In the matter of an intended Appeal)
BENSON KIRIA NYAGA.........................................APPLICANT
RULING ON REVISION
1. BENSON KIRIA NYAGA ("the Applicant") was on 14th July, 2016 arraigned before the Marimanti Senior Resident Magistrate's Court with the offence of being in possession of Alcoholic Drink Contrary to Section 27(1) (b) of the Alcoholic Drink Control Act, 2010 ("the relevant law"). It was alleged that on 13th July, 2016 at Kanyaru village, Ntugi Location, Tharaka Nithi County the Applicant was found in possession of 20 litres of Alcoholic Drink namely "Mugacha" which was not in conformity with the requirements of the relevant law. He pleaded guilty, was convicted and fined Kshs.200,000/- in default to serve 2 years imprisonment.
2. On 22nd September, 2016, the Applicant lodged an application to be allowed to lodge " a mitigation appeal" out of time. I have looked at the application and the document christened "Grounds of Appeal". The same are not grounds of appeal perse. They only amount to mitigation grounds. They do not challenge the trial court's decision on any aspect. I consider this to be an application for review.
3. Under Section 362 of the Criminal Procedure Code, this court is granted power to call for a lower court record and satisfy itself as to the legality or propriety of the proceedings or sentence. I have looked at the trials court's record. The Applicant pleaded guilty and is therefore not entitled to an appeal therefrom (see section 348 Criminal Procedure Code). I have looked at the sentence and I find the same to have been in accordance with the law. I have considered that the trial court not only considered the mitigation given by the Applicant but it also called for and considered a pre-sentence report which was negative to the Applicant.
4. In this regard, I find nothing untoward in the trial court's record to warrant any interference with its decision. The proceedings were regular as was the sentence legal.
5. The Applicant should be of good conduct and pray to benefit from the CSO programme at the appropriate time Accordingly, I decline to review the sentence and dismiss the application
DATED and Delivered at Chuka this 20th day of December, 2016