Otieno v Republic [2024] KEHC 12820 (KLR)

Otieno v Republic (Criminal Appeal E091 of 2024) [2024] KEHC 12820 (KLR) (24 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12820 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Appeal E091 of 2024

MS Shariff, J

October 24, 2024

Between

Silas Anam Otieno

Appellant

and

Republic

Respondent

Ruling

1. I have perused the notice of motion dated 3rd October 2024, the affidavit in support thereof and the enclosures therein and I do note that the Applicant was sentenced on 25. 9.2024 in Maseno SPM Cr. Case No. E376 of 2024, to pay a fine of Kshs.10,000 and in default to serve 2 months imprisonment.

2. The Applicant has now moved this court for review of sentence and he pleads, erroneous though that his sentence was 1 year without an option of a fine.

3. Given that the Applicant has miscomprehended his sentence, his appeal herein and this application are all premised upon the said miscomprehension of facts wherefore I do hereby summarily dismiss the appeal herein and the notice of motion dated 3. 10. 2024.

DELIVERED, DATED AND SIGNED AT KISUMU THIS 24TH DAY OF OCTOBER, 2024. M. S. SHARIFFJUDGE