Zadock Kirwa v Republic

Kirwa v Republic (Criminal Revision E195 of 2025) [2025] KEHC 12353 (KLR) (3 September 2025) (Ruling) Neutral citation: [2025] KEHC 12353 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CRIMINAL REVISION E195 OF 2025 RN NYAKUNDI, J SEPTEMBER 3, 2025 BETWEEN ZADOCK KIRWA .................................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING Representation: M/s Sidi Kirenge for the State 1. The applicant was charged with the ofience of assault causing actual bodily harm. The brief facts are on the 28th day of February 2025, at Lemoru village in Soy sub-county, within Uasin Gishu County, jointly assaulted Christine Chebitok thereby occasioning her actual bodily harm. 2. The applicant on his own plea of guilty was convicted and sentenced to 3 years imprisonment. He is aggrieved with the sentence and seeks review of the sentence under section 362 & 364 of the CPC. Decision 3. I have reviewed the record and at this stage, I find no evidence in support of review of sentence as provided for in the Bernard Gacheru vs Republic [2002] eKLR. As for this application, sentencing being a matter for the discretion of the trial court there are no specifics of error of facts or law or any such evidence to persuade this court to review the sentence. The application is dismissed under section 382 of the CPC. It is so ordered. DATED, SIGNED AND DELIVERED AT ELDORET THIS 3RD SEPTEMBER 2025 ............................... R. NYAKUNDI https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/12353/eng@2025-09-03 1

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