Cheruiyot v Republic [2023] KEHC 19938 (KLR)

Cheruiyot v Republic (Revision Case E61 of 2022) [2023] KEHC 19938 (KLR) (4 July 2023) (Ruling)

Neutral citation: [2023] KEHC 19938 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E61 of 2022

SM Mohochi, J

July 4, 2023

Between

Vincent Cheruiyot

Applicant

and

Republic

Respondent

Ruling

1. The applicant elected to seek revision of the judgment and sentence in Nakuru CM’s criminal case No E478 of 2022.

2. The applicant was convicted on his own plea of guilty and the imprisonment sentence imposed was below the maximum and was in default of paying a fine.

3. No material has been presented to show if the sentence was excessive, illegal or that the trial magistrate failed to consider material facts that would have led to a different sentence.

4. The court shall not disturb the discretion of the trial magistrate Hon E. Soita, RM.The application is without merit and is hereby dismissed with costs.

5It is so ordered.

SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ON THIS 4TH JULY 2023________________________Mohochi S.MJUDGEIn the presence of: -Court Assistant – ScholaState Counsel – Ms. Mburu