Republic v Langat & another [2025] KEHC 7009 (KLR)

Republic v Langat & another (Criminal Case E234 of 2024) [2025] KEHC 7009 (KLR) (27 May 2025) (Ruling)

Neutral citation: [2025] KEHC 7009 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Case E234 of 2024

JK Sergon, J

May 27, 2025

ORIGINALLY CRIMINAL CASE NO. E2098 OF 2023 AT KERICHO

Between

Republic

Prosecution

and

Robert Langat

1st Respondent

Felix Kiplangat

2nd Respondent

Ruling

1. The Deputy Registrar of this Court placed the file relating to Kericho C.M.C.CR.C No.2098 of 2023 Republic -vs- Robert Langat and Felix Kiplangat for perusal under Sections 362 and 364 of the Criminal Procedure Code.

2. Under aforesaid provisions, this Court entitled to examine any Criminal Proceedings before any Subordinate Court for purposes of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed and as to the regularity of any proceedings of such Subordinate Court.

3. This Court has proceeded to examine the record and its apparent that Robert Langat and Felix Kiplangat hereinafter referred as the 1st and 2nd Applicants respectively were tried and convicted for the offence of Assault Causing Actual Bodily Harm Contrary to Section 251 of the Penal Code.

4. The duo were then sentenced to serve one (1) year imprisonment. Under Section 251 of the Penal Code, such an offence, being a misdemeanor attracts a maximum sentence of 5 years imprisonment.

5. Having perused the record, it is clear that the Learned Trial Magistrate considered the Pre-Sentence Report and the Applicants’ submissions in mitigation before meting out the one (1) year Imprisonment. The Learned Trial Magistrate took into account that the 1st Applicant had a previous conviction for Assault, hence he was a repeat offender.

6. In this Court is satisfied that there is no good ground to interfere with the order on conviction and sentence by way of revision. The revision is ordered dismissed.

DATED, SIGNED AND DELIVERED AT KERICHO THIS 27THDAY OF MAY 2025………….…………….J.K. SERGONJUDGE