[2023] KEHC 21476 (KLR)
The court found that the applicant was properly convicted and sentenced on his own unequivocal plea of guilty for three counts of stealing under Sections 268 and 275 of the Penal Code. The sentences imposed were lawful, being fines of Kshs 5,000 per count or, in default, two months' imprisonment per count, to run...
Source-derived case information.
- Citation
- [2023] KEHC 21476 (KLR)
- Parties
- Applicant: Kelvin Ngugi Ndichu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E663 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- matter marked as closed; sentence already served
- Judges
- SM Mohochi
- Legal Topics
- Stealing Offence, Plea of Guilty, Sentencing, Concurrent Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kelvin Ngugi Ndichu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the conviction and sentence imposed on the applicant on his own plea of guilty were lawful and proper.
- 2 Whether the sentence had already been fully served, rendering the matter moot.
Ratio Decidendi
The court found that the applicant was properly convicted and sentenced on his own unequivocal plea of guilty for three counts of stealing under Sections 268 and 275 of the Penal Code. The sentences imposed were lawful, being fines of Kshs 5,000 per count or, in default, two months' imprisonment per count, to run concurrently. The court noted that the sentences had already been fully served, and therefore, there was no further relief to be granted. The matter was accordingly marked as closed.
Court Disposition
matter marked as closed; sentence already served
Orders
- This matter be marked as closed.
Full Case Text
Judgment text and source record
18 paragraphs
Ndichu v Republic (Revision Case E663 of 2022) [2023] KEHC 21476 (KLR) (31 July 2023) (Ruling)
Neutral citation: [2023] KEHC 21476 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E663 of 2022
SM Mohochi, J
July 31, 2023
Between
Kelvin Ngugi Ndichu
Applicant
and
Republic
Respondent
Ruling
1. He Court called for and reviewed the entire proceedings and records in Molo CM. Criminal Case No E1772 of 2022 and notes as follows: -
2. The Applicant was on September 22, 2022 convicted and sentenced on his own plea of “guilty” for three (3) counts of stealing contrary to Section 268 as read together with Section 275 of the Penal Code.
3. The Applicant was fined Kshs 5,000 on each Count and upon default to serve imprisonment of two (2) months on each Count with the sentences running concurrently.The Court notes that either way the sentence is already fully served.The Court thus orders this matter be marked as closed.
SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ON THIS 31ST JULY 2023. ..........................................MOHOCHI S.MJUDGEIn the presence ofCourt Assistant – ScholaState Counsel – Ms. Mburu