[2024] KEHC 4282 (KLR)
The court found no reason to interfere with the applicant's custodial sentence since the applicant, as per the probation report, expressed a clear intention to serve the sentence to completion. The court respected this wish and declined to revise or alter the sentence, allowing the applicant to serve the remainder...
Source-derived case information.
- Citation
- [2024] KEHC 4282 (KLR)
- Parties
- Applicant: Fredrick Ikutwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E079 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision declined; applicant to serve sentence to completion.
- Judges
- RN Nyakundi
- Legal Topics
- Assault, Plea of Guilty, Sentencing, Actual Bodily Harm
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Ikutwa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the court should interfere with the applicant's custodial sentence for assault causing actual bodily harm.
- 2 Whether the applicant's intention to serve the sentence to completion should be respected.
Ratio Decidendi
The court found no reason to interfere with the applicant's custodial sentence since the applicant, as per the probation report, expressed a clear intention to serve the sentence to completion. The court respected this wish and declined to revise or alter the sentence, allowing the applicant to serve the remainder of his custodial term.
Court Disposition
Application for revision declined; applicant to serve sentence to completion.
Orders
- The applicant shall serve his custodial sentence to completion.
Full Case Text
Judgment text and source record
17 paragraphs
Ikutwa v Republic (Criminal Revision E079 of 2024) [2024] KEHC 4282 (KLR) (11 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4282 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E079 of 2024
RN Nyakundi, J
April 11, 2024
Between
Fredrick Ikutwa
Applicant
and
Republic
Respondent
Ruling
Coram:Mark Mugun for the state 1. The applicant was charged and sentenced on his own plea of guilty to a fine of Kshs. 55,000/= in default 1years imprisonment for the offence of assault causing actual bodily harm contrary to section 251 of the penal code.
2. The applicant has served a substantial part of his sentence, with a remainder of one month. Interestingly, according to the probation report tabled before me, the applicant intends to serve the sentence to completion. I wish not to interfere with the said wish. Let the applicant serve his custodial sentence to completion.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 11TH DAY OF APRIL 2024. R. NYAKUNDIJUDGE