Kamau v Republic [2023] KEHC 21216 (KLR)

Kamau v Republic (Revision Case E667 of 2022) [2023] KEHC 21216 (KLR) (25 July 2023) (Ruling)

Neutral citation: [2023] KEHC 21216 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E667 of 2022

SM Mohochi, J

July 25, 2023

Between

Dennis Maina Kamau

Applicant

and

Republic

Respondent

Ruling

1. The application for review under Section 362 as read with Section 64 of the Criminal Procedure Code has been placed before me for consideration.

2. The Court accordingly called for and reviewed the entire proceedings in Nakuru Criminal Case No E3734 of 2022 to satisfy itself as to the correctness, legality and propriety of the sentence imposed.

3. The Applicant was convicted and imprisoned on his own plea of guilty for the offence of stealing contrary to Section 268 as read together with Section 275 of the Penal Code.He was imprisoned for 18 months without an option of fine.

4. The Court has reviewed the proceedings noting that the Appellant was not afforded the option of a fine or other lighter sentence to imprisonment.This Court hereby varies the sentence imposed as follows: -

5. The Applicant is hereby fined a sum of Kshs 20,000 and in default to serve imprisonment of 18 months.

The imprisonment sentence shall run from the 22nd November, 2022. It is so ordered.

SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ON THIS 25TH JULY 2023MOHOCHI S.MJUDGE__In the presence of: -Court Assistant – ScholaState Counsel – Ms. Mburu