Felix Kimatu Mitisya V Republic [2013] KEHC 2860 (KLR)
- Court
- High Court of Kenya
- Case number
- 2860
- Citation
- [2013] KEHC 2860 (KLR)
- Decided
- 15 July 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal RevisionPostureApplication for review dismissedCoramS.N Mutuku
Holding
The application for review is dismissed. The applicant is wrongly before the court and no review shall be entertained.
Facts
The applicant was convicted of stealing from a dwelling house and sentenced to six years imprisonment. The applicant sought to be reviewed to a non-custodial sentence.
Issues
- Whether the applicant is entitled to a non-custodial sentence
- Procedural correctness of the lower court's decision
Reasoning
The applicant sought to be reviewed to a non-custodial sentence instead of appealing the lower court's decision. The court found the applicant wrongly before the court and dismissed the application.
Outcome
Application for review dismissed
Orders
- Application for review dismissed
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Penal Code
Cases cited (1)
- David Njogu Gachanja v Republic (2006) eKLR
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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