Edwin Kipkemoi Koech v Republic

Koech v Republic (Criminal Revision E307 of 2025) [2026] KEHC 10066 (KLR) (24 June 2026) (Ruling) Neutral citation: [2026] KEHC 10066 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU CRIMINAL REVISION E307 OF 2025 JK SERGON, J JUNE 24, 2026 BETWEEN EDWIN KIPKEMOI KOECH ................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. Pursuant to the provisions of sections 364 of the Criminal Procedure Code, the proceedings relating to Molo CM Criminal Case No. E1176 of 2026 Republic Vs Edwin Kipkemoi Koech were placed before this court for perusal in exercise of its supervisory power of revision. 2. In exercising that power of revision, this court is required to examine the record and satisfy itself as to the legality, correctness or propriety of any finding, sentence or order recorded or passed and as to the regularity of the proceedings. 3. I have examined the proceedings of the trial court and it is apparent that the applicant was arraigned before the Principal Magistrate’s Court, Molo and pleaded guilty to the ofience of assault causing actual bodily harm contrary to section 251 of the penal code. The record also shows that the applicant was thereafter sentenced to a fine of Ksh 50,000/= in default to serve two (2) years imprisonment. 4. It is also apparent that the applicant was unable to raise the fine and has therefore been serving the default sentence. Under section 28(2) of the Penal Code the maximum default sentence for a fine imposed exceeding Kshs 15000/= but not exceeding Kshs 50,000/= is six (6) months. 5. The learned Principal Magistrate mete out default sentence of 2 years imprisonment which sentence is way in excess of that prescribed by statute of six (6) months. 6. In sum, the default sentence was unlawful and must be revised and set aside. Consequently, the default sentence imposed of two (2) years is set aside and is substituted with a sentence of six (6) months. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10066/eng@2026-06-24 1

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