[2025] KEHC 2934 (KLR)
The court found that the trial court had already 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 within the legal limits and appropriate for the offences of making a document without...
Source-derived case information.
- Citation
- [2025] KEHC 2934 (KLR)
- Parties
- Applicant: Geofrey Ruto Kibet; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E009 of 2025
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Revision, Making Document Without Authority, Uttering False Document
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geofrey Ruto Kibet
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 excessive or warranted revision.
- 2 Whether the applicant's mitigation and circumstances justified a non-custodial sentence.
Ratio Decidendi
The court found that the trial court had already 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 within the legal limits and appropriate for the offences of making a document without authority and uttering a false document. There was no illegality, excessiveness, or misdirection in the sentence to warrant revision. Consequently, the application for revision of sentence 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
Kibet v Republic (Criminal Revision E009 of 2025) [2025] KEHC 2934 (KLR) (10 March 2025) (Ruling)
Neutral citation: [2025] KEHC 2934 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision E009 of 2025
DR Kavedza, J
March 10, 2025
Between
Geofrey Ruto Kibet
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and after a full trial convicted for the offence of making a document without authority contrary to section 357(a) of the Penal Code and Uttering a false document contrary to section 353(b) of the Penal Code. He was sentenced to serve five (5) years imprisonment in count I and two (2) years imprisonment on count II, to run concurrently.
2. He has filed the present application dated 31st January 2025 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 10TH MARCH 2025. D. KAVEDZAJUDGE