Kimutai v Republic [2023] KEHC 19940 (KLR)

Kimutai v Republic (Revision Case E642 of 2022) [2023] KEHC 19940 (KLR) (4 July 2023) (Ruling)

Neutral citation: [2023] KEHC 19940 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E642 of 2022

SM Mohochi, J

July 4, 2023

Between

Julius Kimutai

Applicant

and

Republic

Respondent

Ruling

1. The application for revision has been placed before this court to satisfy itself as to the correctness, legality or probity of the sentence of two years imprisonment imposed on the applicant without the option of a fine.

2. The court has reviewed the entire proceedings in Molo C.M’s Court Criminal Case No.2060 of 2022 and find merit in the application for review.

3. The court allows the application reviews the sentence imposed on November 14, 2022; sets aside the sentence and in lieu thereof.

4. The applicant is hereby sentenced to a fine of Kshs.32,000/= and upon default of payment he shall serve two (2) years imprisonment from the October 28, 2022. It is so ordered.

RULING TO APPLY TO REV. 642 AND 643 OF 2022. SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ON THIS 4TH JULY 2023. ................................................MOHOCHI S.MJUDGEIn the presence ofCourt Assistant – ScholaState Counsel – Ms. Mburu