[2024] KEHC 12171 (KLR)
The High Court found that the trial court had properly considered the applicants' mitigation and their status as first offenders before imposing a lawful sentence for burglary under section 304(2) of the Penal Code. There was no illegality, impropriety, or error in principle in the sentence imposed. Consequently,...
Source-derived case information.
- Citation
- [2024] KEHC 12171 (KLR)
- Parties
- Applicant: Austine Mandera; Applicant: Samuel Kariuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 265 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Review, Burglary Offences, Penal Code Section 304, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Austine Mandera
Applicant
Samuel Kariuki
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the sentence imposed by the trial court for burglary was excessive or illegal and should be revised to a non-custodial sentence.
Ratio Decidendi
The High Court found that the trial court had properly considered the applicants' mitigation and their status as first offenders before imposing a lawful sentence for burglary under section 304(2) of the Penal Code. There was no illegality, impropriety, or error in principle in the sentence imposed. Consequently, there was no justification for the High Court to interfere with or revise the sentence to a non-custodial one.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed for lack of merit.
Full Case Text
Judgment text and source record
22 paragraphs
Mandera & another v Republic (Criminal Revision 265 of 2024) [2024] KEHC 12171 (KLR) (14 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12171 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 265 of 2024
DR Kavedza, J
October 14, 2024
Between
Austine Mandera
1st Applicant
Samuel Kariuki
2nd Applicant
and
Republic
Respondent
Ruling
1. The applicants were charged and after a full trial convicted for the offence of burglary contrary to section 304(2) of the Penal Code. They were each sentenced to serve seven (7) years imprisonment.
2. They have now filed an application seeking sentence review. They 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 applicants’ mitigation, and the fact that the applicants were 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.
5. The application dismissed for lacking in merit.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 14TH OCTOBER 2024____________D. KAVEDZAJUDGE