Albert Kiptoo v Republic

Kiptoo v Republic (Criminal Revision E055 of 2025) [2025] KEHC 12539 (KLR) (9 September 2025) (Ruling) Neutral citation: [2025] KEHC 12539 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CRIMINAL REVISION E055 OF 2025 RN NYAKUNDI, J SEPTEMBER 9, 2025 BETWEEN ALBERT KIPTOO .................................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. 2. The applicant was charged of two counts namely: a. First Count: The applicant was charged with the ofience of stealing contrary to section 268(1) as read with section 275 of the Penal Code. The brief facts are on the 30th day of January 2025 at Eldoret city Turbo sub county within Uasin Gishu county jointly with another not before the court stole one mobile make Redmi C12 valued at Kshs. 18,500/= the property of Vivian Jebiwott Kiprop. b. Second count: The applicant was charged of stealing contrary to section 268(1) as read with section 275 of the Penal Code. The brief facts are on the 8th day of February 2025 at Eldoret town in Turbo sub county within Uasin Gishu county stole one mobile phone make Nokia C32 valued at 36,000/= the property of Gloria Tai Kwamboka He pleaded guilty to the ofience, was convicted and sentenced to serve one (1) year imprisonment. Decision 3. This application is for review of sentence for the applicant who had been found guilty and convicted on the particulars of the ofience of stealing. From the record there is no error of facts or law to impeach the sentence of the learned trial magistrate. The provisions of section 362 of the Criminal Procedure Code on illegality, irregularity, correctness or justness of the subordinate court order cannot entitle the https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/12539/eng@2025-09-09 1

page 1 of 2