[2024] KEHC 13357 (KLR)
The court found that the trial court had already considered the applicant's mitigation and the time spent in remand custody before passing sentence. The sentence imposed was lawful and appropriate in the circumstances. There was no good cause or reason to revise the sentence. Accordingly, the application for...
Source-derived case information.
- Citation
- [2024] KEHC 13357 (KLR)
- Parties
- Applicant: Levis Mabare Adiya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 39 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Defilement, Sentencing Principles, Revision of Sentence, Remand Time Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Levis Mabare Adiya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant should be revised in light of section 333(2) of the Criminal Procedure Code regarding time spent in remand.
- 2 Whether the trial court considered the applicant's mitigation and remand period before sentencing.
Ratio Decidendi
The court found that the trial court had already considered the applicant's mitigation and the time spent in remand custody before passing sentence. The sentence imposed was lawful and appropriate in the circumstances. There was no good cause or reason to revise the sentence. Accordingly, the application for revision of sentence 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
21 paragraphs
Adiya v Republic (Criminal Revision 39 of 2024) [2024] KEHC 13357 (KLR) (29 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13357 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 39 of 2024
DR Kavedza, J
October 29, 2024
Between
Levis Mabare Adiya
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and after a full trial convicted for the offence of Defilement contrary to section 8(1) as read with 8(2) of the Sexual Offences Act No.3 of 2006. He was sentenced to serve life imprisonment. He filed an appeal to this court and his sentence was reduced to 30 years imprisonment.
2. He has filed the present application received on 5th February 2024 seeking revision of sentence. He 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.
4. In my view I find no good cause or reason to revise the sentence imposed.
5. The application dismissed for lacking in merit.
Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 29THDAY OF OCTOBER 2024D. KAVEDZAJUDGE