Republic v Meryline Chemutai Ngeno

Republic v Ngeno (Criminal Case E210 of 2024) [2025] KEHC 7006 (KLR) (27 May 2025) (Ruling) Neutral citation: [2025] KEHC 7006 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KERICHO CRIMINAL CASE E210 OF 2024 JK SERGON, J MAY 27, 2025 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND MERYLINE CHEMUTAI NGENO .................................................... RESPONDENT RULING 1. The file relating to Kericho C.M.C.CR.C No.E.1380 of 2023 Republic v Meryline Chemutai Ngeno was placed before this Court for perusal and examination by the Deputy Registrar of this Court pursuant to the provisions of Sections 362 and 364 of the Criminal Procedure Code. 2. Under aforesaid provision, 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. Having perused the record of the Trial Court, it is clear that Meryline Chemutai Ngeno, the applicant herein underwent trial for the ofience of obtaining money by false pretence Contrary to Section 313 of the Penal Code. 4. At the conclusion of the trial, the Applicant was convicted and sentenced to serve 30 months (2 ½ years) imprisonment. The maximum sentence for such an ofience is prescribed under Section 313 of the Penal Code is three (3) years imprisonment. 5. This Court finds the sentence of 30 months (2 ½ years) imprisonment is reasonable and appropriate in the circumstances of the case. 6. This Court is of the opinion that it should not interfere with the sentence pronounced by the Trial Court. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/7006/eng@2025-05-27 1

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