https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11786
The High Court declined to revise the sentence because the trial court properly considered mitigation, remand custody, and first-offender status, applied relevant sentencing factors, and imposed a lawful and proportionate sentence. No illegality, impropriety, or material irregularity was shown to justify interference.
Source-derived case information.
- Citation
- [2026] KEHC 11786 (KLR)
- Parties
- Applicant: Bancy Kabuci Njagi; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E122 of 2026
- Procedural Posture
- Criminal Revision / Revision Application on Sentence Review
- Outcome
- Application dismissed
- Judges
- ["DR Kavedza"]
- Legal Topics
- Sentence Review, Revisionary Jurisdiction, Non Custodial Sentence, Sentencing Discretion, First Offender Mitigation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bancy Kabuci Njagi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Revision Application on Sentence Review
Legal Issues
- 1 Whether the High Court should interfere with the trial court sentence on revision
- 2 Whether the trial court committed an illegality, impropriety, or material irregularity in sentencing
- 3 Whether the applicant's rehabilitation and remorse justified substitution of the custodial sentence with a non-custodial sentence
Ratio Decidendi
The High Court declined to revise the sentence because the trial court properly considered mitigation, remand custody, and first-offender status, applied relevant sentencing factors, and imposed a lawful and proportionate sentence. No illegality, impropriety, or material irregularity was shown to justify interference.
Court Disposition
Application dismissed
Orders
- The application for sentence review was dismissed.
- The sentence imposed by the trial court was left undisturbed.
Full Case Text
Judgment text and source record
1 paragraphs
Njagi v Republic (Criminal Revision E122 of 2026) [2026] KEHC 11786 (KLR) (29 July 2026) (Ruling) Neutral citation: [2026] KEHC 11786 (KLR) Republic of Kenya In the High Court at Kibera Criminal Revision E122 of 2026 DR Kavedza, J July 29, 2026 Between Bancy Kabuci Njagi Applicant and Republic Respondent Ruling 1.The applicant was charged and convicted for the offence of Stealing by Servant Contrary to Section 281 of the Penal Code. She was sentenced to serve four (4) years imprisonment. 2.The applicant has filed the present application seeking sentence review. She states that she is remorseful for the offence committed, has undergone rehabilitation while serving her sentence, and has made positive progress towards reintegration into society. On that basis, she urges this Court to exercise its revisionary jurisdiction by substituting the custodial sentence with a non-custodial sentence. 3.I have considered the application, the grounds advanced in support thereof, the record of the trial court, and the applicable law. The record demonstrates that, before passing sentence, the trial court took into account the applicant's mitigation, the period she had spent in remand custody, and the fact that she was a first offender. 4.The court further exercised its discretion after considering all the relevant sentencing factors. I find nothing on the record to suggest that the trial court acted on wrong principles, took into account irrelevant considerations, or failed to consider relevant ones. The sentence imposed was lawful, proportionate, and commensurate with the circumstances of the offence. 5.While the Court commends the applicant for her remorse and efforts towards rehabilitation, those factors, standing alone, do not constitute sufficient grounds for the exercise of this Court's revisionary jurisdiction. Revision is concerned with correcting an illegality, impropriety, or material irregularity in the proceedings or sentence. No such error has been demonstrated in the present case. 6.Accordingly, I find no good cause to interfere with the sentence imposed by the trial court. The application lacks merit and is hereby dismissed. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 29TH DAY OF JULY 2026______________D. KAVEDZAJUDGEIn the presence of:Applicant PresentMutuma for the RespondentKarimi for the Karimi Court Assistant.