Kibet v Republic [2023] KEHC 19939 (KLR)

Kibet v Republic (Revision Case E535 of 2022) [2023] KEHC 19939 (KLR) (11 July 2023) (Ruling)

Neutral citation: [2023] KEHC 19939 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E535 of 2022

SM Mohochi, J

July 11, 2023

Between

Collins Kibet

Applicant

and

Republic

Respondent

Ruling

1. The applicant moves the Court for review of his imprisonment sentence of three (3) years without the option of fine.

2. The Court in exercise of its Criminal Revision jurisdiction has called for and perused the trial proceedings in MCCR/E3083/22 and find in favour of the Applicant.

3. Being a first offender he was entitled to all alternatives to imprisonment and as such the Court reviews the sentences as follows: - The applicant shall pay a fine of Kshs.30,000 and upon default shall serve an imprisonment of three (3) years.

4. The sentence as substituted shall operate from September 23, 2022. It is so ordered

SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ON THIS 11TH JULY 2023. ...............................Mohochi S.MJUDGEIn the presence of: -Court Assistant – ScholaState Counsel – Ms. MburuREV. 535 OF 2022 Page 2 of 2