[2025] KEHC 7009 (KLR)
The High Court, upon examining the record of the subordinate court, found that the trial magistrate had properly considered the pre-sentence report and the respondents' mitigation before sentencing. The sentence of one year imprisonment was within the statutory maximum for the offence. The 1st respondent's status as...
Source-derived case information.
- Citation
- [2025] KEHC 7009 (KLR)
- Parties
- Applicant: Republic; Respondent: Robert Langat; Respondent: Felix Kiplangat
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Judgment Date
- 27 May 2025
- Case Number
- Criminal Case E234 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Conviction and Sentence
- Outcome
- application for revision dismissed
- Judges
- JK Sergon
- Legal Topics
- Assault Causing Actual Bodily Harm, Sentencing Principles, Revision Jurisdiction
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Robert Langat
Respondent
Felix Kiplangat
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Conviction and Sentence
Legal Issues
- 1 Whether the conviction and sentence imposed by the subordinate court for assault causing actual bodily harm were correct, legal, and proper.
- 2 Whether there are grounds to interfere with the conviction and sentence by way of revision.
Ratio Decidendi
The High Court, upon examining the record of the subordinate court, found that the trial magistrate had properly considered the pre-sentence report and the respondents' mitigation before sentencing. The sentence of one year imprisonment was within the statutory maximum for the offence. The 1st respondent's status as a repeat offender was duly considered. There was no error, illegality, or impropriety in the conviction or sentence to warrant interference by way of revision. Accordingly, the application for revision was dismissed.
Court Disposition
application for revision dismissed
Orders
- The application for revision is dismissed.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Langat & another (Criminal Case E234 of 2024) [2025] KEHC 7009 (KLR) (27 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7009 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Case E234 of 2024
JK Sergon, J
May 27, 2025
ORIGINALLY CRIMINAL CASE NO. E2098 OF 2023 AT KERICHO
Between
Republic
Prosecution
and
Robert Langat
1st Respondent
Felix Kiplangat
2nd Respondent
Ruling
1. The Deputy Registrar of this Court placed the file relating to Kericho C.M.C.CR.C No.2098 of 2023 Republic -vs- Robert Langat and Felix Kiplangat for perusal under Sections 362 and 364 of the Criminal Procedure Code.
2. Under aforesaid provisions, this Court entitled to examine any Criminal Proceedings before any Subordinate Court for purposes of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed and as to the regularity of any proceedings of such Subordinate Court.
3. This Court has proceeded to examine the record and its apparent that Robert Langat and Felix Kiplangat hereinafter referred as the 1st and 2nd Applicants respectively were tried and convicted for the offence of Assault Causing Actual Bodily Harm Contrary to Section 251 of the Penal Code.
4. The duo were then sentenced to serve one (1) year imprisonment. Under Section 251 of the Penal Code, such an offence, being a misdemeanor attracts a maximum sentence of 5 years imprisonment.
5. Having perused the record, it is clear that the Learned Trial Magistrate considered the Pre-Sentence Report and the Applicants’ submissions in mitigation before meting out the one (1) year Imprisonment. The Learned Trial Magistrate took into account that the 1st Applicant had a previous conviction for Assault, hence he was a repeat offender.
6. In this Court is satisfied that there is no good ground to interfere with the order on conviction and sentence by way of revision. The revision is ordered dismissed.
DATED, SIGNED AND DELIVERED AT KERICHO THIS 27THDAY OF MAY 2025………….…………….J.K. SERGONJUDGE