[2024] KEHC 10239 (KLR)
The court found that the applicant's request for sentence reduction was not supported by any material evidence or grounds that would warrant the exercise of discretion in his favour. The application was therefore found to lack substance and was dismissed accordingly.
Source-derived case information.
- Citation
- [2024] KEHC 10239 (KLR)
- Parties
- Applicant: Phillip Kiptoo Kipkorir; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E084 of 2024
- Procedural Posture
- Criminal Application / Ruling on Sentence Reduction Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Sentencing, Sentence Reduction, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Phillip Kiptoo Kipkorir
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Sentence Reduction Application
Legal Issues
- 1 Whether the applicant is entitled to a reduction of sentence after serving 10 years imprisonment and 2 years 3 months in remand custody.
- 2 Whether the application for sentence reduction is supported by sufficient material.
Ratio Decidendi
The court found that the applicant's request for sentence reduction was not supported by any material evidence or grounds that would warrant the exercise of discretion in his favour. The application was therefore found to lack substance and was dismissed accordingly.
Court Disposition
application dismissed
Orders
- The application for reduction of sentence is dismissed.
- Signal to issue.
Full Case Text
Judgment text and source record
20 paragraphs
Kipkorir v Republic (Criminal Application E084 of 2024) [2024] KEHC 10239 (KLR) (19 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10239 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Application E084 of 2024
RE Aburili, J
August 19, 2024
Between
Phillip Kiptoo Kipkorir
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Winam SPM Cr. Case No. 646 of 2014 and Kisumu HCRA 28 of 2016)
Ruling
1. The applicant claims in his application dated 13/5/2024 that he was convicted of the offence of robbery with violence under Section 296 (2) of the Penal Code and was sentenced to death. That he appealed Vide Kisumu HC CRA No. 28 of 2016 which appeal was dismissed. That the death sentence was commuted to life imprisonment in 2016 by the President. He now seeks for reduction of sentence as he has been in prison for 10 years and was in remand custody for 2 years and 3 months before he was sentenced.
2. I have perused the application which is not supported by any material and I find no substance in it. It is hereby dismissed.
3. Signal to issue.
4. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF AUGUST, 2024R.E. ABURILIJUDGE