[2023] KEHC 19942 (KLR)
The court found that the proceedings in the lower court were regular and the sentence imposed was lawful and appropriate for the offence to which the applicant pleaded guilty. There was no error, illegality, or impropriety in the sentencing by the trial magistrate. Consequently, there was no basis for the High Court...
Source-derived case information.
- Citation
- [2023] KEHC 19942 (KLR)
- Parties
- Applicant: Shadrack Kipkurui Bett; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E675 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- SM Mohochi
- Legal Topics
- Plea of Guilty, Sentencing Review, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shadrack Kipkurui Bett
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed upon the applicant following a plea of guilty was lawful and appropriate.
- 2 Whether there was any error or illegality in the proceedings or sentencing warranting revision.
Ratio Decidendi
The court found that the proceedings in the lower court were regular and the sentence imposed was lawful and appropriate for the offence to which the applicant pleaded guilty. There was no error, illegality, or impropriety in the sentencing by the trial magistrate. Consequently, there was no basis for the High Court to interfere with or revise the sentence under its revisionary jurisdiction.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
Bett v Republic (Revision Case E675 of 2022) [2023] KEHC 19942 (KLR) (5 July 2023) (Ruling)
Neutral citation: [2023] KEHC 19942 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E675 of 2022
SM Mohochi, J
July 5, 2023
Between
Shadrack Kipkurui Bett
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was convicted on his on plea of guilty and sentenced to a fine of Kshs 10,000 and upon default to serve imprisonment for nine (9) months.
2. He now seeks to review the same.
3. The Court has reviewed the entire proceedings in Molo CM’s E2121 of 2022 and find no fault in the sentencing by Hon A Mukenya SRM.
4. The application is without merit and is accordingly dismissed.
SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ON THIS 5TH JULY 2023Mohochi S.MJUDGEIn the presence of: -Court Assistant – ScholaState Counsel – Ms. Mburu