[2024] KEHC 16319 (KLR)
The court found that the trial court had considered all relevant factors, including mitigation, remand custody, and the applicant's status as a first offender, before imposing the sentence. There was no irregularity or illegality in the sentence, and the application for revision lacked merit. The sentence was...
Source-derived case information.
- Citation
- [2024] KEHC 16319 (KLR)
- Parties
- Applicant: Marjan Juma Hamisi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E081 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Robbery With Violence, Sentencing Revision, Penal Code Section 296 2, Mitigation, Remand Custody, First Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Marjan Juma Hamisi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed for robbery with violence was irregular or illegal.
- 2 Whether the applicant is entitled to a revision of sentence to a non-custodial sentence.
Ratio Decidendi
The court found that the trial court had considered all relevant factors, including mitigation, remand custody, and the applicant's status as a first offender, before imposing the sentence. There was no irregularity or illegality in the sentence, and the application for revision lacked merit. The sentence was therefore upheld as lawful and appropriate in the circumstances.
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
Hamisi v Republic (Criminal Revision E081 of 2024) [2024] KEHC 16319 (KLR) (17 December 2024) (Ruling)
Neutral citation: [2024] KEHC 16319 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision E081 of 2024
DR Kavedza, J
December 17, 2024
Between
Marjan Juma Hamisi
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and after a full trial convicted of ten counts of the offence of robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced to twenty (20) years imprisonment.
2. He has filed the present undated application received on 8th November 2024 seeking a revision of sentence imposed. The grounds raised are consolidated as follows; that the sentence review is upheld in line with the rule of law, and 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, 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, 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 17TH DAY OF DECEMBER 2024. D. KAVEDZAJUDGE