[2023] KEHC 20174 (KLR)
The court found that no material had been placed before it to justify interfering with the sentencing discretion exercised by the trial magistrate. The applicant was convicted on his own plea of guilty and sentenced to a fine of Kshs 20,000 or, in default, six months imprisonment. The court held that the application...
Source-derived case information.
- Citation
- [2023] KEHC 20174 (KLR)
- Parties
- Applicant: Ayub Ochieng Odera; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E486 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- SM Mohochi
- Legal Topics
- Revision Jurisdiction, Sentencing Discretion, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ayub Ochieng Odera
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the court should interfere with the sentencing discretion exercised by the trial magistrate upon the applicant's conviction on his own plea of guilty.
Ratio Decidendi
The court found that no material had been placed before it to justify interfering with the sentencing discretion exercised by the trial magistrate. The applicant was convicted on his own plea of guilty and sentenced to a fine of Kshs 20,000 or, in default, six months imprisonment. The court held that the application lacked merit as there was no demonstration of any error or misdirection by the trial court in the exercise of its discretion. Consequently, the application for revision was dismissed.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
Odera v Republic (Revision Case E486 of 2022) [2023] KEHC 20174 (KLR) (6 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20174 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E486 of 2022
SM Mohochi, J
July 6, 2023
Between
Ayub Ochieng Odera
Applicant
and
Republic
Respondent
Ruling
1. Applicant convicted on his own plea on December 7, 2022 and sentenced to a fine of Kshs 20,000 upon default to imprisonment of 6 months.
2. No material has been placed before me to enable the court disturb the discretion exercised by Hon B. Ochieng, CM.
3. The court finds the application to lack merit and the same is hereby dismissed.
SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ON THIS 6TH JULY 2023. .............................................MOHOCHI S.MJUDGEIn the presence ofCourt Assistant – ScholaState Counsel – Ms. Mburu