[2024] KEHC 13363 (KLR)
The High Court found that the trial court had already considered the applicant's mitigation and the time spent in remand custody as required by section 333(2) of the Criminal Procedure Code. The sentence imposed was lawful and appropriate in the circumstances. There was no good cause or legal basis to interfere with...
Source-derived case information.
- Citation
- [2024] KEHC 13363 (KLR)
- Parties
- Applicant: Sadia Origicha Abdi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E123 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Revision, Grievous Harm, Remand Custody Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sadia Origicha Abdi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed by the trial court should be revised in light of the applicant's mitigation and time spent in remand custody.
- 2 Whether the trial court properly considered section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The High Court found that the trial court had already considered the applicant's mitigation and the time spent in remand custody as required by section 333(2) of the Criminal Procedure Code. The sentence imposed was lawful and appropriate in the circumstances. There was no good cause or legal basis to interfere with or revise the sentence. Accordingly, the application for revision was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed for lack of merit.
Full Case Text
Judgment text and source record
19 paragraphs
Abdi v Republic (Criminal Revision E123 of 2024) [2024] KEHC 13363 (KLR) (29 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13363 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision E123 of 2024
DR Kavedza, J
October 29, 2024
Between
Sadia Origicha Abdi
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and after a full trial convicted for the offence of Grievous harm contrary to section 234 of the Penal Code. She was sentenced to serve 7 years imprisonment.
2. She has filed the present application received on 20th August 2024 seeking revision of sentence. The grounds raised are that she was the bread winner to her youthful family. She urged the court to revise the sentence of the trial court and consider time spent in remand in line with section 333(2) of the CPC.
3. I have considered the application, the grounds in support and the applicable law. From the record of the trial court, the court considered the applicant’s mitigation and the time spent in remand custody. Having considered the application in its totality. The sentence imposed was also legal in the circumstances of the case. In my view I find no good cause or reason to revise the sentence imposed by the trial court.
4. The application dismissed for lacking in merit.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 29THOCTOBER 2024D. KAVEDZAJUDGE