https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8783

Kimeli v Republic (Criminal Revision E003 of 2026) [2026] KEHC 8783 (KLR) (12 June 2026) (Ruling) Neutral citation: [2026] KEHC 8783 (KLR) Republic of Kenya In the High Court at Eldama Ravine Criminal Revision E003 of 2026 TM Matheka, J June 12, 2026 Between Boaz Kipkoech Kimeli Applicant and Republic Respondent Ruling 1.The Applicant Boaz Kipkoech Kimeli was charged with assault causing actual bodily harm contrary to section 251 of the Penal Code. 2.It was alleged that on 19/3/2024 at Emsos village Mogotio Sub-County, Baringo County he willfully and unlawfully assaulted Chepyator Kimamoi occasioning her actual bodily harm. 3.The charge was read to him on 16/6/2025. He pleaded guilty. He was convicted on his own plea of guilt. The court ordered for a pre-sentence report. It turned out that the accused had been on the run after committing the offence and was only found after he was arrested with illicit brew. The accused was not a first offender. 4.Upon considering the Pre-sentence Report dated 27/5/2025 the trial court sentenced the accused to fine of Ksh 200000/= in default to serve 2 years imprisonment. 5.The applicant has now approached this court to exercise its revisionary jurisdiction under section 362 as read with section 364 of the Criminal Procedure Code – as to the property, legality and correctness of the orders of the subordinate – this jurisdiction is founded on Article 165(6) and (7) of the Constitution. 6.In his application dated 8/1/2026 he seeks that this sentence be revised from Kshs 200,000/= to Ksh 50000/=. Analysis and Determination 7.I have carefully considered the application by the applicant. 8.Section 251 of the Penal Code provides that any person who is found guilty of the offence of assault is liable to imprisonment for five years. 9.Section 28 of the Penal Code provides for the sentence of fines.28.Fines(1)Where a fine is imposed under any law, then in the absence of express provisions relating to the fine in that law the following provisions shall apply—(a)where no sum is expressed to which the fine may extend, the amount of the fine which may be imposed is unlimited, but shall not be excessive; 10.Section 348 of the Criminal Procedure Code provides that no appeal shall be allowed in the case of an accused person who has pleaded guilty, convicted on his own plea of guilt except as to the extent, or legality of the sentence. 11.In this case the applicant pleaded guilty to the charge. He was sentenced to two years’ imprisonment, compared to the maximum sentence of 5 years, it was not kavu as they say, there was a fine. 12.The sentence is neither excessive nor harsh taking into consideration the circumstances of the offence. 13.It is evident that the trial court exercised its discretion taking into account the circumstances of the case. The applicant had another offence for which he was fined Ksh 50,000 in default 12 months imprisonment. When he was arrested for that offence it emerged that he had been on the run for the assault case. When he pleaded guilty the court took into account. 14.Having considered the whole record and the social inquiry reports it appears to me that the sentence meted by the trial court does not give itself up for revision. 15.I find that the application has no merit and is it is declined. RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT KABARNET HIGH COURT THIS 12TH JUNE 2026MUMBUA T MATHEKAJUDGEIn the presence of:-CA Momanyi/Gladys.The applicant.Mr. Koech for state.