https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7518
The High Court found that the trial court had already considered the applicant’s mitigation, remand custody, and first-offender status, and that the sentence imposed was legal in the circumstances. There was therefore no good cause to revise the sentence.
Source-derived case information.
- Citation
- [2026] KEHC 7518 (KLR)
- Parties
- Applicant: Faith Ndinda Kimuyu; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E072 of 2026
- Procedural Posture
- Criminal Revision / Revision of Sentence
- Outcome
- Application dismissed.
- Judges
- ["DR Kavedza"]
- Legal Topics
- Obtaining by False Pretences, Sentence Review, Non Custodial Sentence, Mitigation, First Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Faith Ndinda Kimuyu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Revision of Sentence
Legal Issues
- 1 Whether the High Court should revise the trial court’s sentence for obtaining money by false pretences.
- 2 Whether the sentence of three years and six months was illegal, excessive, or otherwise interfered with on revision.
Ratio Decidendi
The High Court found that the trial court had already considered the applicant’s mitigation, remand custody, and first-offender status, and that the sentence imposed was legal in the circumstances. There was therefore no good cause to revise the sentence.
Court Disposition
Application dismissed.
Orders
- The request for revision of sentence is dismissed.
- The sentence of three years and six months remains undisturbed.
Full Case Text
Judgment text and source record
1 paragraphs
Kimuyu v Republic (Criminal Revision E072 of 2026) [2026] KEHC 7518 (KLR) (3 June 2026) (Ruling) Neutral citation: [2026] KEHC 7518 (KLR) Republic of Kenya In the High Court at Kibera Criminal Revision E072 of 2026 DR Kavedza, J June 3, 2026 Between Faith Ndinda Kimuyu Applicant and Republic Respondent Ruling 1.The applicant was charged and after a full trial convicted for the offence of obtaining money by false pretences contrary to section 313 of the Penal Code. She was sentenced to serve three years and six months. 2.She has filed the present application dated 28th May 2026 seeking revision of sentence. The grounds raised are that he is the sole breadwinner in her family who have suffered since his incarceration. She is remorseful for the offence committed. She has undergone rehabilitation. She 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, the time spent in remand custody and the fact that the applicant was a first offender before sentencing. 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. The application dismissed. RULING DATED AND DELIVERED VIRTUALLY THIS 3RD DAY OF JUNE 2026.................................D. KAVEDZAJUDGE