[2023] KEHC 19939 (KLR)
The court found that the applicant, being a first offender, was entitled to alternatives to imprisonment. The original sentence of three years imprisonment without the option of a fine was therefore reviewed. The court substituted the sentence with a fine of Kshs. 30,000, and in default, an imprisonment term of...
Source-derived case information.
- Citation
- [2023] KEHC 19939 (KLR)
- Parties
- Applicant: Collins Kibet; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E535 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence reviewed and substituted
- Judges
- SM Mohochi
- Legal Topics
- Sentencing Review, Alternatives to Imprisonment, First Offender Principle
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Collins Kibet
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant, as a first offender, was entitled to alternatives to imprisonment.
- 2 Whether the sentence of three years imprisonment without the option of a fine was lawful.
Ratio Decidendi
The court found that the applicant, being a first offender, was entitled to alternatives to imprisonment. The original sentence of three years imprisonment without the option of a fine was therefore reviewed. The court substituted the sentence with a fine of Kshs. 30,000, and in default, an imprisonment term of three years. The substituted sentence was to operate from September 23, 2022. The decision was based on the principle that first offenders should be considered for non-custodial sentences where appropriate, and the court's power to review sentences to ensure justice is served.
Court Disposition
sentence reviewed and substituted
Orders
- The applicant shall pay a fine of Kshs. 30,000 and upon default shall serve an imprisonment of three years.
- The substituted sentence shall operate from September 23, 2022.
Full Case Text
Judgment text and source record
19 paragraphs
Kibet v Republic (Revision Case E535 of 2022) [2023] KEHC 19939 (KLR) (11 July 2023) (Ruling)
Neutral citation: [2023] KEHC 19939 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E535 of 2022
SM Mohochi, J
July 11, 2023
Between
Collins Kibet
Applicant
and
Republic
Respondent
Ruling
1. The applicant moves the Court for review of his imprisonment sentence of three (3) years without the option of fine.
2. The Court in exercise of its Criminal Revision jurisdiction has called for and perused the trial proceedings in MCCR/E3083/22 and find in favour of the Applicant.
3. Being a first offender he was entitled to all alternatives to imprisonment and as such the Court reviews the sentences as follows: - The applicant shall pay a fine of Kshs.30,000 and upon default shall serve an imprisonment of three (3) years.
4. The sentence as substituted shall operate from September 23, 2022. It is so ordered
SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ON THIS 11TH JULY 2023. ...............................Mohochi S.MJUDGEIn the presence of: -Court Assistant – ScholaState Counsel – Ms. MburuREV. 535 OF 2022 Page 2 of 2