[2024] KEHC 12393 (KLR)
The court found that the trial court had properly considered all relevant factors, including the applicant's mitigation, time spent in remand, and first offender status, before imposing a lawful sentence. There was no illegality or impropriety in the sentence, nor was there any good cause shown to warrant revision....
Source-derived case information.
- Citation
- [2024] KEHC 12393 (KLR)
- Parties
- Applicant: Noah Moneria Ole Karrarru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 258 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Revision, False Pretences, Mitigation, Remorse and Rehabilitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Noah Moneria Ole Karrarru
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 should be revised to a non-custodial sentence.
- 2 Whether the applicant's remorse, rehabilitation, and time served justify 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 first offender status, before imposing a lawful sentence. There was no illegality or impropriety in the sentence, nor was there any good cause shown to warrant revision. The application for revision of sentence was therefore dismissed for lack of merit.
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
20 paragraphs
Karrarru v Republic (Criminal Revision 258 of 2024) [2024] KEHC 12393 (KLR) (15 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12393 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 258 of 2024
DR Kavedza, J
October 15, 2024
Between
Noah Moneria Ole Karrarru
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. He was sentenced to serve three years imprisonment.
2. He has filed the present application seeking revision of sentence. The grounds raised are that he has served a substantial term of his sentence. He is remorseful for the offence committed. He has undergone rehabilitation. 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. 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 15TH OCTOBER 2024. ......................D. KAVEDZAJUDGE