[2023] KEHC 19948 (KLR)
The High Court, upon reviewing the entire criminal proceedings in Nakuru CM’S Court Criminal Case No MCCRE/E3089 of 2022, found no fault in the sentence imposed on the applicant. The court held that the sentence was lawful, proper, and commensurate with the offence of removing forest produce from a public forest...
Source-derived case information.
- Citation
- [2023] KEHC 19948 (KLR)
- Parties
- Applicant: Simon Kirui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E514 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- application dismissed
- Judges
- SM Mohochi
- Legal Topics
- Sentence Review, Plea of Guilty, Forest Offences, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Kirui
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the sentence imposed on the applicant for removing forest produce from a public forest without authority was lawful and warranted review.
Ratio Decidendi
The High Court, upon reviewing the entire criminal proceedings in Nakuru CM’S Court Criminal Case No MCCRE/E3089 of 2022, found no fault in the sentence imposed on the applicant. The court held that the sentence was lawful, proper, and commensurate with the offence of removing forest produce from a public forest without authority. There was no evidence of illegality, impropriety, or manifest excessiveness in the sentence that would warrant interference by the revisionary court. Consequently, the application for sentence review lacked merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed for want of merit.
Full Case Text
Judgment text and source record
18 paragraphs
Kirui v Republic (Revision Case E514 of 2022) [2023] KEHC 19948 (KLR) (12 July 2023) (Ruling)
Neutral citation: [2023] KEHC 19948 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E514 of 2022
SM Mohochi, J
July 12, 2023
Between
Simon Kirui
Applicant
and
Republic
Respondent
Ruling
1. The Applicant seeks review of his sentence as imposed on the September 22, 2022. The Applicant was convicted on his own plea of guilty for the offence of removing forest produce from a public forest without authority contrary to Section 64 (1) (a) as read together with Section 68 (1) of the Forest Conservation and Management Act.
2. This Court has called for and reviewed the entire criminal proceedings in Nakuru CM’S Court Criminal Case No MCCRE/E3089 of 2022 and upon review finds no fault in the sentence.
3. The application for sentence review thus fails for want of merit and is accordingly dismissed.It is so ordered.
SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ON THIS 12TH JULY 2023. .................................................MOHOCHI S.MJUDGEIn the presence ofCourt Assistant – ScholaState Counsel – Ms. Mburu