[2024] KEHC 12005 (KLR)
The court held that the offence of robbery with violence is a grave crime for which review of sentence is not available. The applicant had previously filed a similar application before another judge, which was dismissed. The court found no new grounds or exceptional circumstances to warrant a review or grant of...
Source-derived case information.
- Citation
- [2024] KEHC 12005 (KLR)
- Parties
- Applicant: Dennis Rotich; Respondent: State
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E006 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- RPV Wendoh
- Legal Topics
- Sentence Review, Robbery With Violence, Probation Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Rotich
Applicant
State
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a review of sentence for the offence of robbery with violence.
- 2 Whether the applicant can be released on probation after serving part of the sentence.
- 3 Whether a similar application having been dismissed previously bars the current application.
Ratio Decidendi
The court held that the offence of robbery with violence is a grave crime for which review of sentence is not available. The applicant had previously filed a similar application before another judge, which was dismissed. The court found no new grounds or exceptional circumstances to warrant a review or grant of probation. The proper recourse for the applicant, if still aggrieved, is to appeal to the Court of Appeal. Accordingly, the application for review of sentence was declined and dismissed.
Court Disposition
application dismissed
Orders
- Application for review of sentence is declined and dismissed.
- File closed.
Full Case Text
Judgment text and source record
16 paragraphs
Rotich v State (Miscellaneous Criminal Application E006 of 2024) [2024] KEHC 12005 (KLR) (24 September 2024) (Ruling)
Neutral citation: [2024] KEHC 12005 (KLR)
Republic of Kenya
In the High Court at Kapenguria
Miscellaneous Criminal Application E006 of 2024
RPV Wendoh, J
September 24, 2024
Between
Dennis Rotich
Applicant
and
State
Respondent
Ruling
1. I have considered the application seeking review of the sentence. The applicant prays to be released on probation. The applicant was sentenced to ten (10) years imprisonment for the offence of Robbery with violence. He has served five (5) years. The offence is a serious one and not available for review of sentence. Besides, the applicant brought a similar application before Judge, Mrima who dismissed it on 4/5/2023. If the applicant is still aggrieved, he should move to the Court of Appeal.Application is declined and dismissed.File closed.
DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 24TH DAY OF SEPTEMBER, 2024. R. WENDOHJUDGEDelivered in the presence of:Applicant – presentMr. Majale for the State.Court Assistants – Juma/Hellen