[2024] KEHC 6155 (KLR)
The court found that the trial court had already considered all relevant mitigating factors, including the applicant's age, time spent in remand, and first offender status, before imposing the sentence. The High Court had previously reduced the sentence from life imprisonment to 10 years on appeal. No new or...
Source-derived case information.
- Citation
- [2024] KEHC 6155 (KLR)
- Parties
- Applicant: Charles Asigo Malema; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 60 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Resentencing
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Defilement, Sentencing Principles, Resentencing, Sexual Offences Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Asigo Malema
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the applicant has demonstrated sufficient grounds for further resentencing after the High Court already reduced his sentence on appeal.
- 2 Whether the applicant's advanced age and time served justify substitution of the custodial sentence with a non-custodial sentence.
Ratio Decidendi
The court found that the trial court had already considered all relevant mitigating factors, including the applicant's age, time spent in remand, and first offender status, before imposing the sentence. The High Court had previously reduced the sentence from life imprisonment to 10 years on appeal. No new or exceptional circumstances were presented to warrant further revision or substitution of the custodial sentence with a non-custodial one. The sentence imposed was legal and appropriate in the circumstances, and the application for further resentencing was therefore dismissed.
Court Disposition
application dismissed
Orders
- The application for further resentencing is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
Malema v Republic (Criminal Revision 60 of 2024) [2024] KEHC 6155 (KLR) (27 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6155 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 60 of 2024
DR Kavedza, J
May 27, 2024
Between
Charles Asigo Malema
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(2) of the Sexual Offences Act, No. 3 of 2006. He was sentenced to serve life imprisonment. He filed an appeal challenging his conviction and sentence vide High Court Criminal Appeal No. 20 of 2020. This resentenced him to serve 10 years imprisonment.
2. The applicant has now filed the present application seeking a further re-sentencing. The grounds raised are that the term of sentence served has been adequate. He urged the court to substitute it with a none custodial sentence due to his advanced age.
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 27THDAY OF MAY 2024______________D. KAVEDZAJUDGE