Kirwa v Republic [2024] KEHC 3471 (KLR)

Kirwa v Republic (Criminal Revision E044 of 2024) [2024] KEHC 3471 (KLR) (11 April 2024) (Ruling)

Neutral citation: [2024] KEHC 3471 (KLR)

Republic of Kenya

In the High Court at Eldoret

Criminal Revision E044 of 2024

RN Nyakundi, J

April 11, 2024

Between

Ignitious Kirwa

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged and sentenced on his own plea of guilty to 18 months imprisonment for the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code.

2. The applicant has approached this court pursuant to sections 357,362,364& 382 of the Criminal Procedure Code as construed with Article 50(2)(p) &(q) as conjunctively read with Article 50(6)(a) &(b) of the Constitution.

3. The applicant seeks review of sentence. However, the sentence of 1 year has been served to completion. The applicant therefore should be released forthwith unless and otherwise lawfully held. The application is hereby marked as spent and the file be closed.

4. It is so ordered.

SIGNED, DATE AND DELIVERED AT ELDORET THIS 11THDAY OF APRIL 2024. …………………………………….R. NYAKUNDIJUDGE