[2023] KEHC 19940 (KLR)
The court found that the sentence of two years imprisonment imposed on the applicant without the option of a fine was not proper in the circumstances. Upon review of the proceedings and the applicable law, the court determined that the applicant should have been given the option to pay a fine. The sentence imposed...
Source-derived case information.
- Citation
- [2023] KEHC 19940 (KLR)
- Parties
- Applicant: Julius Kimutai; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E642 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application for revision allowed; sentence reviewed and substituted
- Judges
- SM Mohochi
- Legal Topics
- Sentencing Review, Revision Jurisdiction, Imprisonment Without Fine Option
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Kimutai
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence of two years imprisonment without the option of a fine was correct, legal, or proper.
- 2 Whether the applicant is entitled to a review of the sentence imposed by the trial court.
Ratio Decidendi
The court found that the sentence of two years imprisonment imposed on the applicant without the option of a fine was not proper in the circumstances. Upon review of the proceedings and the applicable law, the court determined that the applicant should have been given the option to pay a fine. The sentence imposed by the trial court was therefore set aside and substituted with a sentence of a fine of Kshs. 32,000, with a default custodial sentence of two years imprisonment from October 28, 2022. The court exercised its revisionary jurisdiction to ensure the sentence was legal and just.
Court Disposition
application for revision allowed; sentence reviewed and substituted
Orders
- The sentence of two years imprisonment imposed on November 14, 2022 is set aside.
- The applicant is sentenced to a fine of Kshs. 32,000; in default, to serve two years imprisonment from October 28, 2022.
Full Case Text
Judgment text and source record
19 paragraphs
Kimutai v Republic (Revision Case E642 of 2022) [2023] KEHC 19940 (KLR) (4 July 2023) (Ruling)
Neutral citation: [2023] KEHC 19940 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E642 of 2022
SM Mohochi, J
July 4, 2023
Between
Julius Kimutai
Applicant
and
Republic
Respondent
Ruling
1. The application for revision has been placed before this court to satisfy itself as to the correctness, legality or probity of the sentence of two years imprisonment imposed on the applicant without the option of a fine.
2. The court has reviewed the entire proceedings in Molo C.M’s Court Criminal Case No.2060 of 2022 and find merit in the application for review.
3. The court allows the application reviews the sentence imposed on November 14, 2022; sets aside the sentence and in lieu thereof.
4. The applicant is hereby sentenced to a fine of Kshs.32,000/= and upon default of payment he shall serve two (2) years imprisonment from the October 28, 2022. It is so ordered.
RULING TO APPLY TO REV. 642 AND 643 OF 2022. SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ON THIS 4TH JULY 2023. ................................................MOHOCHI S.MJUDGEIn the presence ofCourt Assistant – ScholaState Counsel – Ms. Mburu