Republic v Martin Lesoipa [2021] KEHC 3078 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MERU

CRIMINAL REVISION NO. E231 OF 2021

REPUBLIC...........PROSECUTOR

- VERSUS -

MARTIN LESOIPA...ACCUSED

ORDER ON REVISION

1. Upon being made aware of the error on the face of the record where the trial Court (differently constituted) convicted and fined the accused twice for the same offence under Count No. III of the charge sheet dated 7th June 2021, this Court revises the proceedings and the record of the Court by quashing the later conviction of 21st June 2021, and subsequent sentence.

2. As regards the sentence of 7th June 2021, the accused shall serve a lesser sentence of a fine of Ksh 3,000/= in default 30 days imprisonment as had been considered appropriate by the Court on 21st June 2021.

3. The Court is grateful to the trial Court (Hon. E. N. Ngigi, PM) for suo moto reporting this matter for revision.

Order accordingly.

DATED AND DELIVERED THIS 7TH DAY OF OCTOBER 2021

EDWARD M. MURIITHI

JUDGE