[2025] KEHC 7010 (KLR)

[2025] KEHC 7010 (KLR)

The High Court found that the default sentence of twelve months' imprisonment imposed by the trial magistrate for the offence of assault causing actual bodily harm was excessive, particularly given that the applicant was a first offender. Exercising its revisionary jurisdiction under Sections 362 and 364 of the...

Source-derived case information.

Citation
[2025] KEHC 7010 (KLR)
Parties
Applicant: Republic; Respondent: Victor Kipyegon Keino
Court
High Court
Court Station
High Court at Kericho
Jurisdiction
Kenya
Judgment Date
27 May 2025
Case Number
Criminal Case E171 of 2024
Procedural Posture
Criminal Revision / Ruling on Revision of Sentence
Outcome
default sentence revised; applicant to be released unless otherwise lawfully held
Judges
JK Sergon
Legal Topics
Assault Causing Actual Bodily Harm, Malicious Damage to Property, Sentencing Revision, Default Sentences, Supervisory Jurisdiction
Source Language
english
Criminal Law Assault Causing Actual Bodily Harm Malicious Damage to Property Sentencing Revision Default Sentences Supervisory Jurisdiction

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Victor Kipyegon Keino

Respondent

Procedural Posture

Criminal Revision / Ruling on Revision of Sentence

Legal Issues

  1. 1 Whether the default sentence imposed by the subordinate court for the offence of assault causing actual bodily harm was excessive or improper.
  2. 2 Whether the High Court should exercise its revisionary jurisdiction to interfere with the default sentence imposed by the trial court.

Ratio Decidendi

The High Court found that the default sentence of twelve months' imprisonment imposed by the trial magistrate for the offence of assault causing actual bodily harm was excessive, particularly given that the applicant was a first offender. Exercising its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code, the court held that the appropriate default sentence should be seven months. Since the applicant had already served eight months in custody, which exceeded the revised default sentence, the court ordered his immediate release unless otherwise lawfully held.

Court Disposition

default sentence revised; applicant to be released unless otherwise lawfully held

Orders

  • The default sentence of twelve months' imprisonment in Count I is set aside and substituted with a default sentence of seven months.
  • The default sentence is to run from the date of sentence, 9th September 2024.