[2023] KEHC 20932 (KLR)
The court found no fault with the sentence imposed on the applicant, noting that the applicant had pleaded guilty and the sentence of a fine of Kshs.20,000 or in default six months imprisonment was neither illegal nor excessive. The court determined that there was no basis for revision as the sentence had already...
Source-derived case information.
- Citation
- [2023] KEHC 20932 (KLR)
- Parties
- Applicant: Michael Mbito; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E559 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- SM Mohochi
- Legal Topics
- Sentence Review, Plea of Guilty, Fine in Lieu of Imprisonment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Mbito
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence of a fine of Kshs.20,000 or in default six months imprisonment was proper and warranted review.
Ratio Decidendi
The court found no fault with the sentence imposed on the applicant, noting that the applicant had pleaded guilty and the sentence of a fine of Kshs.20,000 or in default six months imprisonment was neither illegal nor excessive. The court determined that there was no basis for revision as the sentence had already been served or was being served, and thus the matter was concluded. The file was ordered closed.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
- The file is marked as closed.
Full Case Text
Judgment text and source record
18 paragraphs
Mbito v Republic (Revision Case E559 of 2022) [2023] KEHC 20932 (KLR) (21 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20932 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E559 of 2022
SM Mohochi, J
July 21, 2023
Between
Michael Mbito
Applicant
and
Republic
Respondent
Ruling
1. This is an application to review a sentence of fine of Kshs.20,000 and upon default to serve imprisonment of six (6) months imprisonment.
2. The Applicant pleaded guilty. The Court has reviewed the sentence and find no fault.
The sentence has either way been served.This file should be marked as closed.It is so ordered.
SIGNED, DATED and DELIVERED in open Court at Nakuru onthis 21st July 2023________________________Mohochi S.MJUDGEIn the presence of: -Court Assistant – ScholaState Counsel – Ms. MburuPage 2 of 2