Kirwa v Republic [2025] KEHC 4369 (KLR)

Kirwa v Republic (Criminal Revision E012 of 2025) [2025] KEHC 4369 (KLR) (4 April 2025) (Ruling)

Neutral citation: [2025] KEHC 4369 (KLR)

Republic of Kenya

In the High Court at Eldoret

Criminal Revision E012 of 2025

RN Nyakundi, J

April 4, 2025

Between

Cornelius Kirwa

Applicant

and

Republic

Respondent

Ruling

1. The Applicant in his notice of motion seeks the following orders:a.That the petitioner is seeking revision of his sentence to a lesser one or be admitted on probationb.That the applicant will be seeking a declaration by the court that his application has merits and qualifies to be heard And Which Applicationis heard on the following grounds:a.That the applicant was charged convicted and sentenced to 6 months imprisonment for the offence of stealing c/section 268 of the penal codeb.That the applicant is a first offender and he is remorseful, repentant and God fearingc.That this Hon Court has unlimited jurisdictions to hear and determine this application under the provision of Art 165(3) of the constitution of Kenya 2010

2. I have read the record and the application there is no merit for review of sentence as pleaded by the applicant. As a result therefore, the revision application under Section 362 and 364 of the CPC be and is hereby dismissed in terms of Section 382 of the same code.

GIVEN UNDER THE HAND AND THE SEAL OF THIS COURT ON THIS 4TH DAY OF APRIL 2025. …………………………………….R. NYAKUNDIJUDGE