[2024] KEHC 15869 (KLR)
The court found that the trial court had already considered all relevant mitigating factors, including the applicant's remorse, time spent in remand, and first offender status, before imposing the sentence. The sentence of death for robbery with violence under section 296(2) of the Penal Code was found to be lawful...
Source-derived case information.
- Citation
- [2024] KEHC 15869 (KLR)
- Parties
- Applicant: Mule Mbaluto; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 336 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 Revision, Mitigation, Penal Code Section 296 2
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mule Mbaluto
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence of death imposed for robbery with violence was lawful and warranted revision.
- 2 Whether the applicant's remorse and mitigation 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 remorse, time spent in remand, and first offender status, before imposing the sentence. The sentence of death for robbery with violence under section 296(2) of the Penal Code was found to be lawful and appropriate in the circumstances. There was no error, illegality, or other sufficient cause shown to warrant revision of the sentence. Accordingly, the application for revision lacked merit and was dismissed.
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
21 paragraphs
Mbaluto v Republic (Criminal Revision 336 of 2024) [2024] KEHC 15869 (KLR) (16 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15869 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 336 of 2024
DR Kavedza, J
December 16, 2024
Between
Mule Mbaluto
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and after a full trial convicted of the offence of robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced to death.
2. He has filed the present application dated 6th February 2024 seeking a revision of sentence imposed. The grounds raised are consolidated as follows; that he is remorseful for the offence committed, and 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, it is my finding that 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 16TH DAY OF DECEMBER 2024______________D. KAVEDZAJUDGE