- I have perused the notice of motion dated 3rd October 2024, the affidavit in support thereof and the enclosures therein and I do note that the Applicant was sentenced on 25.9.2024 in Maseno SPM Cr. Case No. E376 of 2024, to pay a fine of Kshs.10,000 and in default to serve 2 months imprisonment.
- The Applicant has now moved this court for review of sentence and he pleads, erroneous though that his sentence was 1 year without an option of a fine.
- Given that the Applicant has miscomprehended his sentence, his appeal herein and this application are all premised upon the said miscomprehension of facts wherefore I do hereby summarily dismiss the appeal herein and the notice of motion dated 3.10.2024.
Delivered, dated and signed at Kisumu this 24th day of October, 2024.