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Martha Kemunto v State [2019] KEHC 2582 (KLR)

[2019] KEHC 2582 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2582
Citation
[2019] KEHC 2582 (KLR)
Decided
6 November 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal RevisionPostureApplication for revision dismissedCoramE. N. MAINA
Holding

The application for revision is not properly before the court and is dismissed.

Facts

Martha Kemunto was sentenced to a fine of Kshs. 60,000 or six (6) months imprisonment for possession of alcoholic drinks without a licence. She pleaded guilty to the charge.

Issues

  1. Whether the sentence was excessive
  2. Whether the application for revision is properly before the court

Reasoning

The applicant has a right of appeal only as to the extent or legality of the sentence. Since no appeal was brought, no proceeding by way of revision shall be entertained.

Outcome

Application for revision dismissed

Orders

  • This ruling shall be certified to the applicant and to the court that imposed the sentence as required by Section 367 of the Criminal Procedure Code

Authorities cited

Legislation (1)
  • Criminal Procedure Code, Section 348
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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