Robi Lesengei v Republic [2017] KEHC 3256 (KLR)
- Citation
- [2017] KEHC 3256 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Posture
- Criminal Revision / Ruling
- Case number
- Criminal Revision 128 of 2017
- Language
- English
More details
- Court
- High Court
- Posture
- Criminal Revision / Ruling
- Case number
- Criminal Revision 128 of 2017
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that there was no legal basis to interfere with or review the sentence imposed by the trial court. The sentence was deemed lawful, and no error or illegality was demonstrated by the applicant. Accordingly, the application for review was declined.
Court disposition
application for review declined
Orders
- The application for review is declined.
02
Material facts
Parties
Robi Lesengei
ApplicantRepublic
Respondent03
Procedural history
Posture
Criminal Revision / Ruling
04
Questions and positions
Legal issues
Whether there is a basis to review the sentence imposed by the trial court.
Party arguments
- Applicant
- The applicant seeks a review of the sentence imposed by the trial court, arguing for its reconsideration.
- Respondent
- The respondent maintains that there is no legal basis for reviewing the sentence as it is lawful.
05
Court’s reasoning
Legal principles
- 01
Criminal Procedure Code (Kenya), Section 362
A sentence imposed by a trial court can only be reviewed if it is illegal or there is a demonstrable error or miscarriage of justice.
06
Ratio, limits and disposition
Ratio decidendi
The court found that there was no legal basis to interfere with or review the sentence imposed by the trial court. The sentence was deemed lawful, and no error or illegality was demonstrated by the applicant. Accordingly, the application for review was declined.
Court disposition
application for review declined
- The application for review is declined.
Source and reliance status
High Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION 128 OF 2017
ROBI LESENGEI …………………………… APPLICANT
Versus
REPUBLIC ……………………………..…….RESPONDENT
(Pursuant to an order issued by Chief Magistrate’s Court at Nanyuki on 27th September 2017 in Nanyuki Chief Magistrate Criminal Case No. 1564 of 2017)
RULING
1. I have considered this matter where the applicant seeks review of the sentence of the trial court.
2. There is no basis in my view to review the said sentences. The same is legal.
3. The application for review is declined.
Dated this 4th October, 2017
MARY KASANGO
JUDGE
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