[2025] KEHC 464 (KLR)
The court found that the trial court had properly considered all relevant factors, including the applicant's mitigation, time spent in remand, and his status as a repeat offender, before imposing sentence. There was no illegality or irregularity in the sentence. The applicant's arguments regarding rehabilitation and...
Source-derived case information.
- Citation
- [2025] KEHC 464 (KLR)
- Parties
- Applicant: Dennis Milla Gwaliamba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 358 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Sentence Revision, Stealing Offence, Penal Code Section 268, Mitigation Factors, Rehabilitation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Milla Gwaliamba
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed by the trial court was irregular or illegal.
- 2 Whether the applicant's rehabilitation and personal circumstances warrant a revision of sentence.
Ratio Decidendi
The court found that the trial court had properly considered all relevant factors, including the applicant's mitigation, time spent in remand, and his status as a repeat offender, before imposing sentence. There was no illegality or irregularity in the sentence. The applicant's arguments regarding rehabilitation and family circumstances did not amount to grounds for revision under the law. Therefore, the application for revision of sentence lacked merit and was dismissed.
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
Gwaliamba v Republic (Criminal Revision 358 of 2024) [2025] KEHC 464 (KLR) (28 January 2025) (Ruling)
Neutral citation: [2025] KEHC 464 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 358 of 2024
DR Kavedza, J
January 28, 2025
Between
Dennis Milla Gwaliamba
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and after a full trial convicted for the offence of stealing contrary to section 268(1) of the Penal Code. He was sentenced to four (4) years imprisonment.
2. He has filed the present application dated 5th December 2024 seeking a revision of sentence imposed. The grounds raised are consolidated as follows; that since his incarceration he has been rehabilitated. He has been in custody for a considerable amount of time. His is the sole bread winner in his family. He urged the court to review his 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 not first offender before sentencing. Having considered the application in its totality, it is my finding that the sentence imposed was also legal in the circumstances of the case.
4. In my view I find that there is no irregularity in the sentence imposed by the trial court. The application dismissed for lacking in merit.
RULING DATED AND DELIVERED VIRTUALLY THIS 28TH JANUARY 2025. ____________D. KAVEDZAJUDGE