[2022] KEHC 11118 (KLR)
The court found no reason to interfere with the sentence imposed on the applicant, who was convicted on his own plea of guilty for destroying cultivated produce. The applicant declined to be interviewed and did not provide any grounds for revision. The sentence of a fine of Ksh 200,000 or, in default, three years...
Source-derived case information.
- Citation
- [2022] KEHC 11118 (KLR)
- Parties
- Applicant: Richard Agaki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E015 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision dismissed. Sentence left undisturbed.
- Judges
- JN Kamau
- Legal Topics
- Sentencing, Plea of Guilty, Destruction of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Agaki
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant upon conviction for destroying cultivated produce should be revised.
Ratio Decidendi
The court found no reason to interfere with the sentence imposed on the applicant, who was convicted on his own plea of guilty for destroying cultivated produce. The applicant declined to be interviewed and did not provide any grounds for revision. The sentence of a fine of Ksh 200,000 or, in default, three years imprisonment, was within the law and not manifestly excessive or illegal. Therefore, the court left the sentence undisturbed.
Court Disposition
Application for revision dismissed. Sentence left undisturbed.
Orders
- The sentence imposed on the applicant is left undisturbed.
- No further orders are made.
Full Case Text
Judgment text and source record
16 paragraphs
Agaki v Republic (Criminal Revision E015 of 2022) [2022] KEHC 11118 (KLR) (3 August 2022) (Ruling)
Neutral citation: [2022] KEHC 11118 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E015 of 2022
JN Kamau, J
August 3, 2022
Between
Richard Agaki
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with the offence of destroying cultivated produce contrary to Section 334(1) of the Penal CodeCap 63 (Laws of Kenya). He was convicted on his own plea of guilty and fined Ksh 200,000/- in default to serve three (3) years imprisonment on 15/9/2021. His early date of release by prison is 15/9/2023. He declined to be interviewed. The Court hereby leaves his sentence undisturbed. Orders accordingly
DATED AND DELIVERED AT NYAMIRA ON THIS 3RD AUGUST 2022J. KAMAUJUDGE