[2019] KEHC 26 (KLR)
The court found that the applicant was convicted on his own unequivocal plea of guilty for two serious counts of threatening to kill. The sentence of a fine of KSHS 40,000 or, in default, three months imprisonment was deemed appropriate and not excessive. The court emphasized the seriousness of the offences and the...
Source-derived case information.
- Citation
- [2019] KEHC 26 (KLR)
- Parties
- Applicant: Fredrick Okoth; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 109 of 2019
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Threats to Kill, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Fredrick Okoth
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed for the offence of threatening to kill should be revised.
- 2 Whether the applicant's plea of guilty and the seriousness of the offence justify the sentence imposed.
Ratio Decidendi
The court found that the applicant was convicted on his own unequivocal plea of guilty for two serious counts of threatening to kill. The sentence of a fine of KSHS 40,000 or, in default, three months imprisonment was deemed appropriate and not excessive. The court emphasized the seriousness of the offences and the short duration the applicant had served in prison, concluding that there was no basis for revising the sentence. Accordingly, the application for revision was declined and dismissed.
Court Disposition
application dismissed
Orders
- Revision of sentence declined and dismissed.
- Case file closed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 109 OF 2019
FREDRICK OKOTH......................................................................APPLICANT
VERSUS
REPUBLIC...................................................................................RESPONDENT
(Being an Application for Revision of sentence in Criminal Case No. 312 of 2019 at Bondo Principal Magistrate’s Court, delivered on 29. 11. 2019)
RULING
1. The applicant FREDRICK OKOTH was convicted on his own plea of guilty of two counts of threatening to kill. The plea was unequivocal. He was fined KSHS 40,000 and in default to serve 3 months imprisonment. He has not even served one month in prison and the 2 counts of threatening to kill are serious offences.
2. Revision of sentence declined and dismissed.
3. Case file closed.
4. Orders accordingly.
Dated, signed and Delivered at Siaya this 20th day of December 2019
R.E. ABURILI
JUDGE