[2025] KEHC 4369 (KLR)
The court found that there was no merit in the applicant's plea for revision of sentence. The applicant failed to demonstrate any illegality, impropriety, or material irregularity in the sentence imposed by the trial court. The fact that the applicant is a first offender and remorseful does not, in itself, warrant...
Source-derived case information.
- Citation
- [2025] KEHC 4369 (KLR)
- Parties
- Applicant: Cornelius Kirwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E012 of 2025
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- RN Nyakundi
- Legal Topics
- Sentence Revision, Stealing Offence, First Offender Principle
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cornelius Kirwa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a revision of his sentence for the offence of stealing.
- 2 Whether the applicant should be admitted to probation or have his sentence reduced.
Ratio Decidendi
The court found that there was no merit in the applicant's plea for revision of sentence. The applicant failed to demonstrate any illegality, impropriety, or material irregularity in the sentence imposed by the trial court. The fact that the applicant is a first offender and remorseful does not, in itself, warrant interference with a lawful sentence. The court exercised its discretion under Sections 362, 364, and 382 of the Criminal Procedure Code and dismissed the application for revision, upholding the original sentence imposed for the offence of stealing.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
Kirwa v Republic (Criminal Revision E012 of 2025) [2025] KEHC 4369 (KLR) (4 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4369 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E012 of 2025
RN Nyakundi, J
April 4, 2025
Between
Cornelius Kirwa
Applicant
and
Republic
Respondent
Ruling
1. The Applicant in his notice of motion seeks the following orders:a.That the petitioner is seeking revision of his sentence to a lesser one or be admitted on probationb.That the applicant will be seeking a declaration by the court that his application has merits and qualifies to be heard And Which Applicationis heard on the following grounds:a.That the applicant was charged convicted and sentenced to 6 months imprisonment for the offence of stealing c/section 268 of the penal codeb.That the applicant is a first offender and he is remorseful, repentant and God fearingc.That this Hon Court has unlimited jurisdictions to hear and determine this application under the provision of Art 165(3) of the constitution of Kenya 2010
2. I have read the record and the application there is no merit for review of sentence as pleaded by the applicant. As a result therefore, the revision application under Section 362 and 364 of the CPC be and is hereby dismissed in terms of Section 382 of the same code.
GIVEN UNDER THE HAND AND THE SEAL OF THIS COURT ON THIS 4TH DAY OF APRIL 2025. …………………………………….R. NYAKUNDIJUDGE