[2025] KEHC 8192 (KLR)
The court held that the application for sentence review under sections 362 and 364 of the Criminal Procedure Code, as read with Article 50(6) of the Constitution, was not tenable because the circumstances for revision had been overtaken by events. The applicant had not appealed the conviction or sentence, and the...
Source-derived case information.
- Citation
- [2025] KEHC 8192 (KLR)
- Parties
- Applicant: Julius Kiprotich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Judgment Date
- 12 June 2025
- Case Number
- Criminal Petition E080 of 2023
- Procedural Posture
- Criminal Petition / Sentence Review Application
- Outcome
- Application dismissed.
- Judges
- RN Nyakundi
- Legal Topics
- Sentence Review, Obtaining by False Pretenses, Non Custodial Sentence, Criminal Procedure, Mitigation, Constitutional Rights
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Kiprotich
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Sentence Review Application
Legal Issues
- 1 Whether the applicant is entitled to a review of his custodial sentence under section 362 and 364 of the Criminal Procedure Code and Article 50(2)(p)(q) of the Constitution.
- 2 Whether the High Court has jurisdiction to review the sentence in the absence of an appeal.
- 3 Whether the applicant's remorse and status as a first offender justify substitution of the custodial sentence with a non-custodial sentence.
Ratio Decidendi
The court held that the application for sentence review under sections 362 and 364 of the Criminal Procedure Code, as read with Article 50(6) of the Constitution, was not tenable because the circumstances for revision had been overtaken by events. The applicant had not appealed the conviction or sentence, and the court found no legal basis to substitute the custodial sentence with a non-custodial one in the absence of an appeal or a demonstrated miscarriage of justice. The court emphasized that the revisionary jurisdiction is not a substitute for the appellate process and is only available in limited circumstances, none of which were established by the applicant. Consequently, the...
Court Disposition
Application dismissed.
Orders
- The application for sentence review is dismissed under section 382 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
17 paragraphs
Kiprotich v Republic (Criminal Petition E080 of 2023) [2025] KEHC 8192 (KLR) (12 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8192 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Petition E080 of 2023
RN Nyakundi, J
June 12, 2025
Between
Julius Kiprotich
Petitioner
and
Republic
Respondent
Ruling
1. Before this court is an application dated 11TH day of October 2023 seeking the following orders:i.That the petitioner is seeking for sentence review in accordance to article 50(2) (p)(q) and section 362 & 364 of the constitution of Kenya 2010ii.That this matter is certified as urgent and be heard at the first instanceiii.That I was convicted to sentenced to serve 1 year imprisonment for the offence of obtaining money by false pretense c/sec 189 of criminal procedure code.iv.That I did not appeal to the high court hence this application to request the honorable court to review my sentence of 1 year imprisonment to non-custodial sentencev.That the applicant will be seeking a declaration by the court that his application has merits and qualifies to be heardAnd Which Application is based on the following grounds:i.That the applicant was charged, convicted and sentenced to 1 year imprisonment for the offence of obtaining by false pretense c/sec 189 of the CPC in criminal case file no. 1769 of 2015ii.That I did not appeal to the high court hence this applicationiii.That the applicant is first offender and he is remorseful, repentant and God fearingiv.That this hon. Court has unlimited jurisdiction to hear and determine this application under the provisions of article 165(3) (b) of the constitution of Kenya 2010v.That this hon. Court has powers to hear and determine infringement of fundamental rights and awards remedies under the provisions of sec 216 and 389 f the criminal procedure code on mitigation and the values of sentencing as provided for in the sentencing policy guidelines 2016 para. 4. 1It is further annexed by an affidavit sworn by the said Julius Kiprotich which states as follows:i.That I am a Kenyan citizen adult male of sound of mind hence competent to swear this affidavitii.That I was charged with the offence of obtaining by false pretense c/sec 189 of the cpc at CM’S court Eldoret and was convicted and sentenced to 1 year imprisonmentiii.That I did not appeal to the high court hence this applicationiv.That I am requesting for the 1year imprisonment to be substituted with non-custodial sentencev.That the petition is filed in conformity with the judgement of Moses Barasa Kituyi vs rep, pet. No. 07 of 2018 at Eldoretvi.That this hon. court has competent jurisdiction to hear and determine this application under the provisions of article 165(3) (b) of the constitution of Kenya 2010vii.That I am remorseful, repentant, reformed and rehabilitated as I have learned hard lessons while in custody and now beg for leniencyviii.That I do beg to be accorded to benefit with provisions of article 50(2) (q) of the constitution of Kenya 2010ix.That’s my humble prayer that I be granted a fair opportunity to argue my petitionx.That all I have deponed herein is true to the best of my knowledge, information and belief
2. I have perused the record and the review of sentence under section 362 and 364 of the CPC as read with Article 50(6) a and b of the constitution has been overtaken by events. The application is dismissed under section 382 of the CPC. Orders accordingly.
GIVEN UNDER MY HAND AND THE SEAL OF THIS COURT THIS 12THDAY OF JUNE 2025. ……………………………………R. NYAKUNDIJDUGE