[2023] KEHC 2300 (KLR)
The High Court found no basis to revise the sentence imposed by the Chief Magistrate's Court, as there was no illegality or impropriety in the conviction or sentence for illegal entry and failure to report entry. The applicant had not appealed the conviction or sentence, and the court had previously declined to...
Source-derived case information.
- Citation
- [2023] KEHC 2300 (KLR)
- Parties
- Applicant: Peter Akachi Ndumele; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E087 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Application for sentence revision declined; file ordered closed.
- Judges
- RE Aburili
- Legal Topics
- Illegal Entry, Immigration Offences, Sentence Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Peter Akachi Ndumele
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the sentence imposed by the Chief Magistrate's Court for illegal entry and failure to report entry should be revised.
Ratio Decidendi
The High Court found no basis to revise the sentence imposed by the Chief Magistrate's Court, as there was no illegality or impropriety in the conviction or sentence for illegal entry and failure to report entry. The applicant had not appealed the conviction or sentence, and the court had previously declined to revise the sentence. Accordingly, the court ordered the file closed, as there were no further proceedings pending.
Court Disposition
Application for sentence revision declined; file ordered closed.
Orders
- The file is hereby closed.
Full Case Text
Judgment text and source record
21 paragraphs
Ndumele v Republic (Criminal Revision E087 of 2022) [2023] KEHC 2300 (KLR) (23 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2300 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E087 of 2022
RE Aburili, J
March 23, 2023
Between
Peter Akachi Ndumele
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Criminal Case No E441 of 2022 in the Chief Magistrate’s Court at Kisumu delivered on May 25, 2022)
Ruling
1. The convict herein Peter Akachi Ndumele was convicted and fined Kshs 50,000 in default to serve six (6) months imprisonment by the Chief Magistrate’s Court, Kisumu vide Kisumu CMCR No E441 of 2022, on May 25, 2022 for being in Kenya illegally and failure to report entry. He never appealed.
2. The file was availed to the High Court for sentence review an on December 21, 2022, the Court declined to revise the sentence.
3. That being the case, there are no other proceedings pending in this case.
4. I order that this file is hereby closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 23RD DAY OF MARCH, 2023R E ABURILIJUDGE