[2024] KEHC 12095 (KLR)
The court found that the trial court had properly considered all relevant mitigating factors, including the applicant's status as a first offender, his mitigation, and the time spent in remand custody. The sentence imposed was lawful and appropriate in the circumstances of the case. There was no illegality,...
Source-derived case information.
- Citation
- [2024] KEHC 12095 (KLR)
- Parties
- Applicant: Patrick Ambani Kenyani; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 152 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Defilement, Sentencing Principles, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Ambani Kenyani
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 for the offence of defilement should be revised to a non-custodial sentence.
- 2 Whether the applicant's mitigation and circumstances warrant interference with the sentence.
Ratio Decidendi
The court found that the trial court had properly considered all relevant mitigating factors, including the applicant's status as a first offender, his mitigation, and the time spent in remand custody. The sentence imposed was lawful and appropriate in the circumstances of the case. There was no illegality, impropriety, or miscarriage of justice demonstrated to warrant revision of the sentence. Accordingly, there was no good cause or reason to interfere with the sentence imposed by the trial court, and the application for revision was dismissed.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
Kenyani v Republic (Criminal Revision 152 of 2024) [2024] KEHC 12095 (KLR) (7 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12095 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 152 of 2024
DR Kavedza, J
October 7, 2024
Between
Patrick Ambani Kenyani
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and after a full trial convicted for the offence of defilement contrary to section 8(1) as read with 8(2) of the Sexual Offences Act, No. 3 of 2006. He was sentenced to serve twelve (12) years imprisonment.
2. He has filed the present undated application filed on 21st June 2024 seeking revision of sentence. The grounds raised are that he is the sole breadwinner in his family who have suffered since his incarceration. 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. The application dismissed.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 7TH OCTOBER 2024. ..............................D. KAVEDZAJUDGE