[2023] KEHC 20171 (KLR)
The High Court, upon reviewing the proceedings and sentence in the lower court, found no fault or illegality in the imposition of the sentence by the trial magistrate. The sentence of a fine of Kshs.20,000 or in default, six months imprisonment, was within the law and appropriate in the circumstances. The...
Source-derived case information.
- Citation
- [2023] KEHC 20171 (KLR)
- Parties
- Applicant: Collins Kiprotich Korir; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E487 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- SM Mohochi
- Legal Topics
- Criminal Review, Sentencing, Appeal of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Collins Kiprotich Korir
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the sentence imposed by the trial court was lawful and appropriate.
- 2 Whether there was any error or illegality in the proceedings or sentence warranting revision.
Ratio Decidendi
The High Court, upon reviewing the proceedings and sentence in the lower court, found no fault or illegality in the imposition of the sentence by the trial magistrate. The sentence of a fine of Kshs.20,000 or in default, six months imprisonment, was within the law and appropriate in the circumstances. The application for revision was therefore without merit and dismissed.
Court Disposition
application dismissed
Orders
- The application for criminal review is dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
Korir v Republic (Revision Case E487 of 2022) [2023] KEHC 20171 (KLR) (4 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20171 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E487 of 2022
SM Mohochi, J
July 4, 2023
Between
Collins Kiprotich Korir
Applicant
and
Republic
Respondent
Ruling
1. The application for Criminal Review is made by the Applicant who was convicted and sentenced to a fine of Kshs.20,000 and upon default to serve imprisonment for 6 months.
2. The Court has reviewed the entire proceedings in E3813 of 2022 and finds no fault in the imposition of sentence by Hon. C. Ndegwa , SPM.The application is without merit and is hereby dismissed.
SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ON THIS 4TH JULY 2023. .....................................................MOHOCHI S.MJUDGEIn the presence ofCourt Assistant – ScholaState Counsel – Ms. Mburu