[2025] KEHC 7736 (KLR)

[2025] KEHC 7736 (KLR)

The court found that the sentence of 3 years imprisonment imposed on the applicant, following a plea of guilty and a plea-bargaining agreement, was within the statutory maximum of 7 years for the offence of house breaking. The trial magistrate had properly considered section 333(2) of the Criminal Procedure Code regarding time spent in custody. There was no illegality, impropriety, or incorrectness in the sentence or proceedings to warrant revision under section 362 of the Criminal Procedure Code. Accordingly, the application for revision was dismissed for lack of merit.

Citation
[2025] KEHC 7736 (KLR)
Parties
Applicant: Jack Omondi Mukolwe; Respondent: Republic
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
4 June 2025
Case Number
Criminal Revision E466 of 2024
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Outcome
application dismissed
Judges
RN Nyakundi
Legal Topics
House Breaking, Sentencing Principles, Plea Bargaining, Criminal Revision
Source Language
English
Criminal Law House Breaking Sentencing Principles Plea Bargaining Criminal Revision

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Parties

Jack Omondi Mukolwe

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Application for Sentence Review

Legal Issues

  1. 1 Whether the sentence imposed on the applicant for house breaking was excessive and warranted revision under section 362 of the Criminal Procedure Code.
  2. 2 Whether the trial magistrate properly considered section 333(2) of the Criminal Procedure Code in sentencing.

Ratio Decidendi

The court found that the sentence of 3 years imprisonment imposed on the applicant, following a plea of guilty and a plea-bargaining agreement, was within the statutory maximum of 7 years for the offence of house breaking. The trial magistrate had properly considered section 333(2) of the Criminal Procedure Code regarding time spent in custody. There was no illegality, impropriety, or incorrectness in the sentence or proceedings to warrant revision under section 362 of the Criminal Procedure Code. Accordingly, the application for revision was dismissed for lack of merit.

Court Disposition

application dismissed

Orders

  • The application for revision of sentence is dismissed for want of merit.