[2024] KEHC 13361 (KLR)
The court found that the trial court had duly considered the applicant's mitigation and the period spent in remand custody before passing sentence. The sentence imposed was within the law and appropriate to the circumstances of the case. There was no error or omission that would warrant revision of the sentence....
Source-derived case information.
- Citation
- [2024] KEHC 13361 (KLR)
- Parties
- Applicant: Haggai Chika Kelechi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E049 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Sentence Revision, Remand Custody Credit, Grievous Harm, Narcotic Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Haggai Chika Kelechi
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 in light of time spent in remand custody.
- 2 Whether the trial court considered the applicant's mitigation and remand period as required by law.
Ratio Decidendi
The court found that the trial court had duly considered the applicant's mitigation and the period spent in remand custody before passing sentence. The sentence imposed was within the law and appropriate to the circumstances of the case. There was no error or omission that would warrant revision of the sentence. Accordingly, the application for revision 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
20 paragraphs
Kelechi v Republic (Criminal Revision E049 of 2024) [2024] KEHC 13361 (KLR) (29 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13361 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision E049 of 2024
DR Kavedza, J
October 29, 2024
Between
Haggai Chika Kelechi
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and after a full trial convicted for the offence of Grievous harm contrary to section 4 (a) of the Narcotic drugs And Psychotropic Substances Control Act No.4 of 1994. He was sentenced to serve 11 years imprisonment.
2. He has filed the present application received on 21st August 2024 seeking revision of sentence. He urged the court to revise the sentence of the trial court and consider time spent in remand in line with section 333(2) of the CPC.
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. The application dismissed for lacking in merit.
Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 29THOCTOBER 2024D. KAVEDZAJUDGE