[2023] KEHC 20905 (KLR)
The High Court found that the trial court properly considered all relevant factors, including the applicant's status as a repeat offender and his breach of probation for a similar offence. The sentence of two years imprisonment for stealing was within the law and appropriate in the circumstances. There was no...
Source-derived case information.
- Citation
- [2023] KEHC 20905 (KLR)
- Parties
- Applicant: Dominic Koech; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E626 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- SM Mohochi
- Legal Topics
- Sentencing Review, Repeat Offender, Stealing Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Dominic Koech
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the sentence of two years imprisonment for stealing was correct, legal, and proper.
- 2 Whether the applicant's status as a repeat offender justified the sentence imposed.
Ratio Decidendi
The High Court found that the trial court properly considered all relevant factors, including the applicant's status as a repeat offender and his breach of probation for a similar offence. The sentence of two years imprisonment for stealing was within the law and appropriate in the circumstances. There was no illegality, impropriety, or incorrectness in the sentence to warrant interference by the revisionary court. The application for review was therefore dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed for lack of merit.
Full Case Text
Judgment text and source record
22 paragraphs
Koech v Republic (Revision Case E626 of 2022) [2023] KEHC 20905 (KLR) (21 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20905 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E626 of 2022
SM Mohochi, J
July 21, 2023
Between
Dominic Koech
Applicant
and
Republic
Respondent
Ruling
1. The Applicant seeks review of sentence of imprisonment of two (2) years for the offence of stealing contrary to section 368 (1) as read together with section 275 of the Penal Code.
2. This Court has called for and reviewed the entire proceedings in Molo CM’s Criminal Case E1506 of 2022 with a view of satisfying itself as to the correctness, legality or propriety of the sentence.The Court finds no fault with the sentence as imposed.
3. The trial Court took into consideration the Applicant’s 1st offender status.
4. The Applicant was a repeat offender having contravened terms a 3 month’s probation for a similar offence in Criminal Case No E140 of 2022.
5. This Court finds no reason to disturb the sentence as imposed by the trial Court.
6. The application is dismissed for lack of merit.
It is so ordered.
SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ON THIS 21ST JULY 2023MOHOCHI S.MJUDGE