REPUBLIC v SAMUEL NGETICH [2008] KEHC 1345 (KLR)
- Court
- High Court of Kenya
- Case number
- 1345
- Citation
- [2008] KEHC 1345 (KLR)
- Decided
- 18 September 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal RevisionPostureRespondent seeks to have the trial magistrate's order correctedCoramL. KIMARU
Holding
The record of the trial magistrate's court is rectified, and the respondent is sentenced to serve three months probation.
Facts
The respondent was charged with being drunk and disorderly and pleaded guilty. The trial magistrate fined him Kshs.1800/- or sentenced him to one month imprisonment, but the record was incorrectly committal him to serve a jail term.
Issues
- Correcting the record of the trial magistrate's order
- Ensuring the respondent is sentenced to three months probation
Reasoning
The trial magistrate made an honest mistake and the court invokes its revisionary jurisdiction to correct the record.
Outcome
The respondent is sentenced to three months probation
Orders
- The record of the trial magistrate's court is rectified
- The respondent is sentenced to serve three months probation
- The Deputy Registrar is directed to return the original criminal court file to the Sotik Resident Magistrate's Court
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Liquor Licensing Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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