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. SHARIFF JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/12820/eng@2024-10-24 1
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.