[2024] KEHC 10241 (KLR)
The court found that the applicant failed to provide any material or evidence to support his application for review of sentence. The absence of court proceedings and judgment annexed to the application, while not determinative, further weakened the applicant's case. The court held that where a lawful sentence has...
Source-derived case information.
- Citation
- [2024] KEHC 10241 (KLR)
- Parties
- Applicant: Nickson Kipkoech; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E091 of 2024
- Procedural Posture
- Criminal Application / Ruling on Sentence Review
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Attempted Defilement, Rehabilitation, Prison Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nickson Kipkoech
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant has provided sufficient grounds for review of the sentence imposed for attempted defilement.
Ratio Decidendi
The court found that the applicant failed to provide any material or evidence to support his application for review of sentence. The absence of court proceedings and judgment annexed to the application, while not determinative, further weakened the applicant's case. The court held that where a lawful sentence has been imposed, and no sufficient grounds for review are presented, the application must fail. Consequently, the application was dismissed for want of merit.
Court Disposition
application dismissed
Orders
- The application dated 19/1/2024 is dismissed for want of merit.
- This file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Kipkoech v Republic (Criminal Application E091 of 2024) [2024] KEHC 10241 (KLR) (19 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10241 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Application E091 of 2024
RE Aburili, J
August 19, 2024
Between
Nickson Kipkoech
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Winam SPM SO Case No.E024 of 2023)
Ruling
1. The applicant seeks in his application dated 19the Jnauary, 2024 and filed in court on 14/6/2024 that he was convicted of the offence of attempted defilement and was sentenced to serve ten years in prison on 21/11/2023.
2. he now seeks for review of that sentence because he is undergoing reformation and rehabilitation.
3. I have considered the application and I find no substance in it. Not even court proceedings and judgment were annexed although that would not have made any difference where lawful sentence was imposed.
4. I find the application dated 19/1/2024 is not supported by any material. It is hereby dismissed for want of merit.
5. Signal to issue.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19THDAY OF AUGUST, 2024R.E. ABURILIJUDGE