https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8761
The High Court declined to interfere with the sentence because the trial court had considered mitigation and time spent in remand custody, and the seven-year sentence was lawful on the record. No good cause was shown to justify revision.
Source-derived case information.
- Citation
- [2026] KEHC 8761 (KLR)
- Parties
- Applicant: Darius Kibet Kimutai; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E064 of 2026
- Procedural Posture
- Criminal Revision / Revision of Sentence After Conviction
- Outcome
- Application dismissed for lack of merit.
- Judges
- ["DR Kavedza"]
- Legal Topics
- Robbery With Violence, Sentence Revision, Mitigation, Non Custodial Sentence, Remand Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Darius Kibet Kimutai
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Revision of Sentence After Conviction
Legal Issues
- 1 Whether the High Court should revise the sentence imposed by the trial court
- 2 Whether the sentence of seven years' imprisonment for robbery with violence was lawful and excessive in the circumstances
Ratio Decidendi
The High Court declined to interfere with the sentence because the trial court had considered mitigation and time spent in remand custody, and the seven-year sentence was lawful on the record. No good cause was shown to justify revision.
Court Disposition
Application dismissed for lack of merit.
Orders
- Sentence of seven (7) years imprisonment left undisturbed.
- Orders accordingly.
Full Case Text
Judgment text and source record
1 paragraphs
Kimutai v Republic (Criminal Revision E064 of 2026) [2026] KEHC 8761 (KLR) (23 June 2026) (Ruling) Neutral citation: [2026] KEHC 8761 (KLR) Republic of Kenya In the High Court at Kibera Criminal Revision E064 of 2026 DR Kavedza, J June 23, 2026 Between Darius Kibet Kimutai Applicant and Republic Respondent Ruling 1.The applicant was charged and after a full trial convicted for the offence of robbery with violence contrary to section 295 as read with section 296(2) of the Penal Code. He was sentenced to serve seven (7) years imprisonment. 2.He has filed the present application dated 5th May 2026 seeking revision of sentence. The grounds raised are that he was the bread winner to his family. He is a first time offender and has undergone reform . He urged the court to revise the sentence of the trial court to a non-custodial sentence. 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 by the trial court. 5.The application dismissed for lacking in merit.Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 23RD DAY OF JUNE 2026 ______________ D. KAVEDZAJUDGE