[2024] KEHC 12657 (KLR)
The High Court found that the trial court had properly considered the applicant's mitigation, including his status as a first-time offender, his family circumstances, and the time spent in remand custody. The sentence imposed was within the law for the offence of robbery with violence and there was no illegality,...
Source-derived case information.
- Citation
- [2024] KEHC 12657 (KLR)
- Parties
- Applicant: Darius Kibet Kimutai; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 42 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Robbery With Violence, Sentencing Principles, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Darius Kibet Kimutai
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed for robbery with violence was excessive or warranted revision.
- 2 Whether the applicant's personal circumstances and mitigation justified a non-custodial sentence.
Ratio Decidendi
The High Court found that the trial court had properly considered the applicant's mitigation, including his status as a first-time offender, his family circumstances, and the time spent in remand custody. The sentence imposed was within the law for the offence of robbery with violence and there was no illegality, impropriety, or error apparent on the face of the record to justify revision. The application for revision 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
Kimutai v Republic (Criminal Revision 42 of 2024) [2024] KEHC 12657 (KLR) (22 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12657 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 42 of 2024
DR Kavedza, J
October 22, 2024
Between
Darius Kibet Kimutai
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and after a full trial convicted for the offence of robbery with violence contrary to section 295 as read with section 296(2) of the Penal Code. He was sentenced to serve 7 years imprisonment.
2. He has filed the present application received on 12th July 2024 seeking revision of sentence. The grounds raised are that he was the bread winner to his family. He has 9 school going children all dependant on him. He is a first time offender and has undergone reform . 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 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.
5. The application dismissed for lacking in merit.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 22ND OCTOBER 2024. .........................D. KAVEDZAJUDGE