[2024] KEHC 12167 (KLR)
The court found that the trial court had properly exercised its discretion in sentencing, having considered the applicant's mitigation, time spent in remand, and first offender status. The sentence imposed was lawful and proportionate to the offence of dealing in wildlife trophy under the Wildlife Conservation and...
Source-derived case information.
- Citation
- [2024] KEHC 12167 (KLR)
- Parties
- Applicant: Joseph Mutuku Masaka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 250 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Wildlife Offences, Sentencing Revision, Mitigation, First Offender, Wildlife Conservation Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Mutuku Masaka
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed by the trial court for dealing in wildlife trophy should be revised to a non-custodial sentence.
- 2 Whether the applicant's remorse, rehabilitation, and time served constitute sufficient grounds for sentence revision.
Ratio Decidendi
The court found that the trial court had properly exercised its discretion in sentencing, having considered the applicant's mitigation, time spent in remand, and first offender status. The sentence imposed was lawful and proportionate to the offence of dealing in wildlife trophy under the Wildlife Conservation and Management Act, 2013. No sufficient cause or legal error was demonstrated to warrant revision of the sentence. 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
Masaka v Republic (Criminal Revision 250 of 2024) [2024] KEHC 12167 (KLR) (14 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12167 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 250 of 2024
DR Kavedza, J
October 14, 2024
Between
Joseph Mutuku Masaka
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and after a full trial convicted for the offence of dealing in wildlife trophy contrary to section 95 as read with section 105 of the Wildlife Conservation and Management Act, 2013. He was sentenced to 5 years imprisonment or in the alternative to pay a fine of Kshs. 1,000,000
2. He has filed the present application dated 28th August 2024 seeking revision of sentence. The grounds raised are that he has served a substantial term of his sentence. 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.
5. The application dismissed for lacking in merit.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 14TH OCTOBER 2024. ......................................D. KAVEDZAJUDGE