[2024] KEHC 15356 (KLR)
The court found that the trial court had called for and considered a pre-sentencing report before imposing sentence. The sentence of four years for grievous harm was both legal and appropriate in the circumstances. There was no good cause or reason presented to justify revising the sentence. The applicant is...
Source-derived case information.
- Citation
- [2024] KEHC 15356 (KLR)
- Parties
- Applicant: Twaha Said Mbugua; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 186 of 2024
- Procedural Posture
- Criminal Revision / Sentence Review
- Outcome
- application for sentence revision dismissed
- Judges
- DR Kavedza
- Legal Topics
- Sentence Revision, Prison Decongestion, Grievous Harm, Penal Code Section 234
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Twaha Said Mbugua
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review
Legal Issues
- 1 Whether the applicant is suitable for sentence review under the Chief Justice Memo on prison decongestion.
- 2 Whether the sentence imposed by the trial court was legal and appropriate.
Ratio Decidendi
The court found that the trial court had called for and considered a pre-sentencing report before imposing sentence. The sentence of four years for grievous harm was both legal and appropriate in the circumstances. There was no good cause or reason presented to justify revising the sentence. The applicant is therefore to serve the remainder of his sentence as imposed by the trial court.
Court Disposition
application for sentence revision dismissed
Orders
- The applicant is to serve the remainder of his sentence as imposed by the trial court.
Full Case Text
Judgment text and source record
19 paragraphs
Mbugua v Republic (Criminal Revision 186 of 2024) [2024] KEHC 15356 (KLR) (4 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15356 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 186 of 2024
DR Kavedza, J
December 4, 2024
Between
Twaha Said Mbugua
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Twaha Said Mbugua is suitable for consideration of his sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.
2. The applicant was convicted on 7th February 2023 for the offence of Grievious harm contrary to section 234 of the Penal Code. He was sentenced to serve 4 (four) years in prison.
3. Having considered the application in its totality, I note that before sentencing, the trial court called for and considered the pre-sentencing report. The sentence imposed was also legal and appropriate in the circumstances.
4. In my view I find no good cause or reason to revise the sentence imposed by the trial court. The applicant is directed to serve the remainder of his sentence.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 4THDAY OF DECEMBER 2024D. KAVEDZAJUDGE