[2019] KEHC 23 (KLR)
The court found that the applicant was convicted on his own unequivocal plea of guilty for failing to register as a Kenyan citizen, contrary to section 14(a) of the Registration of Persons Act. The fine of Kshs. 2,000 or, in default, one month imprisonment was within the statutory limits and considered lawful. The...
Source-derived case information.
- Citation
- [2019] KEHC 23 (KLR)
- Parties
- Applicant: Joseph Ooko Achienga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 113 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application for revision of sentence dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Plea of Guilty, Registration of Persons, Failure to Register, Statutory Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Ooko Achienga
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed for failing to register as a Kenyan citizen was lawful and appropriate.
- 2 Whether there are grounds to revise the sentence imposed on the applicant.
Ratio Decidendi
The court found that the applicant was convicted on his own unequivocal plea of guilty for failing to register as a Kenyan citizen, contrary to section 14(a) of the Registration of Persons Act. The fine of Kshs. 2,000 or, in default, one month imprisonment was within the statutory limits and considered lawful. The court further noted that the sentence was, in fact, too lenient rather than excessive or improper. Consequently, there were no grounds to interfere with or revise the sentence, and the application for revision was dismissed.
Court Disposition
application for revision of sentence dismissed
Orders
- Request for revision of sentence is declined and dismissed.
- File closed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
AT THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 113 OF 2019
JOSEPH OOKO ACHIENGA...................APPLICANT
VERSUS
REPUBLIC..............................................RESPONDENT
(Being an Application for revision of sentence in Siaya Criminal Case No. 1050 of 2019 delivered on 11. 12. 2019)
RULING
1. The applicant herein JOSEPH OOKO ACHIENGA was convicted on his own plea of guilty for the offence of failing to register as a Kenyan citizen contrary to section 14(a) of the Registration of Persons Act Cap 107 Laws of Kenya. He was fined Kshs. 2,000/= in default to serve 1 month imprisonment from 11/12/2019. The plea was unequivocal. The fine imposed on the convict is lawful and too lenient.
2. Request for revision of sentence is declined and dismissed.
3. File closed.
Dated, signed and Delivered at Siaya this 20th day of December 2019
R.E. ABURILI
JUDGE