[2023] KEHC 19950 (KLR)
The High Court found that the trial court had properly convicted the applicant on his own plea of guilty and imposed a sentence within the statutory limits. There was no illegality, impropriety, or excessiveness in the sentence of a fine of Kshs 15,000 on each count, with a default custodial sentence of 90 days. The...
Source-derived case information.
- Citation
- [2023] KEHC 19950 (KLR)
- Parties
- Applicant: Evans Rotich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E511 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- SM Mohochi
- Legal Topics
- Sentencing Review, Plea of Guilty, Forest Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Rotich
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed for removing forest produce without authority was excessive or improper.
- 2 Whether the trial court erred in law or fact in sentencing the applicant.
Ratio Decidendi
The High Court found that the trial court had properly convicted the applicant on his own plea of guilty and imposed a sentence within the statutory limits. There was no illegality, impropriety, or excessiveness in the sentence of a fine of Kshs 15,000 on each count, with a default custodial sentence of 90 days. The application for revision did not disclose any error or miscarriage of justice warranting interference with the sentence. Accordingly, the application for criminal revision was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for criminal revision is dismissed.
- The sentence imposed by the trial court is upheld.
Full Case Text
Judgment text and source record
21 paragraphs
Rotich v Republic (Revision Case E511 of 2022) [2023] KEHC 19950 (KLR) (12 July 2023) (Ruling)
Neutral citation: [2023] KEHC 19950 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E511 of 2022
SM Mohochi, J
July 12, 2023
Between
Evans Rotich
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was on the November 4, 2022 convicted on his own plea of guilty on 2 Counts; (1) Removing Forest Produce without authority contrary to Section 64 (1) (a) as read together with Section 64 (2) (i) of the Kenya Forest Service Conservation and Management Act No 34 of 2016.
2. The Applicant was upon conviction and after being allowed to mitigate, he was fined Kshs 15,000/= on each of the 2 Counts and upon default he was to be imprisoned for 90 days.
3. Being aggrieved by the sentence he seeks review under Section 362 and 364 of the Criminal Procedure.
4. The Court did call for and reviewed the Trial Court proceedings in Nakuru CM’s Criminal Case No 3579 of 2022 and find no fault in the sentence.
5. This Court finds no reason to disturb the sentence as imposed.
6. The application for Criminal Revision is found to lack merit and is accordingly dismissed.It is so ordered.
SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ON THIS 12TH JULY 2023Mohochi S.MJUDGEIn the presence of:Court Assistant – ScholaState Counsel – Ms. Mburu