[2023] KEHC 20177 (KLR)
The High Court found that the trial magistrate had considered all relevant factors, including mitigation and the applicant's previous record, and that the pre-sentence report was unfavourable. The sentence imposed was both lawful and lenient in the circumstances. There was no basis for the High Court to interfere...
Source-derived case information.
- Citation
- [2023] KEHC 20177 (KLR)
- Parties
- Applicant: Remmy Kipkurui Langat; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E599 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- application dismissed
- Judges
- SM Mohochi
- Legal Topics
- Sentence Review, Mitigation, Sentencing Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Remmy Kipkurui Langat
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the sentence imposed on the applicant was lawful and appropriate under the circumstances.
- 2 Whether the court should interfere with the sentence imposed by the trial magistrate.
Ratio Decidendi
The High Court found that the trial magistrate had considered all relevant factors, including mitigation and the applicant's previous record, and that the pre-sentence report was unfavourable. The sentence imposed was both lawful and lenient in the circumstances. There was no basis for the High Court to interfere with the discretion exercised by the trial court. Accordingly, the application for sentence review lacked merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed.
Full Case Text
Judgment text and source record
22 paragraphs
Langat v Republic (Revision Case E599 of 2022) [2023] KEHC 20177 (KLR) (12 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20177 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E599 of 2022
SM Mohochi, J
July 12, 2023
Between
Remmy Kipkurui Langat
Applicant
and
Republic
Respondent
Ruling
1. The applicant moves this Court for sentence review. Upon conviction, the applicant was fined Kshs.50,000/= and upon default to serve imprisonment for a term of 9 months.
2. The applicant was convicted after a trial and his conviction is not in issue.
3. The Court has upon reviewing and evaluating the entire proceedings in E258 of 2021 and note that the trial magistrate considered the mitigation and the Applicant had a previous record and his pre-sentence report was unfavourable.
4. The Court finds the sentence as imposed to be lawful and lenient under the circumstances.
5. This Court shall not disturb the discretion exercised and the application thus fails for want of merit.
6. The same is accordingly dismissed.
7. It is so ordered.
SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ON THIS 12TH JULY 2023. ...................................Mohochi S.MJUDGEIn the presence of: -Court Assistant – ScholaState Counsel – Ms. Mburu