[2025] KEHC 429 (KLR)
The court found that the trial court had properly considered all relevant mitigating factors, including the applicant's remorse, rehabilitation, time spent in remand, and her status as a first offender. The sentence imposed was lawful and appropriate in the circumstances. There was no legal or factual basis to...
Source-derived case information.
- Citation
- [2025] KEHC 429 (KLR)
- Parties
- Applicant: Lilian Nanjala; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E079 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Sentence Revision, Grevious Harm, Penal Code Section 234, Mitigation, Remorse and Rehabilitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lilian Nanjala
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed by the trial court for the offence of grevious harm should be revised to a non-custodial sentence.
- 2 Whether the trial court considered all relevant mitigating factors before sentencing.
Ratio Decidendi
The court found that the trial court had properly considered all relevant mitigating factors, including the applicant's remorse, rehabilitation, time spent in remand, and her status as a first offender. The sentence imposed was lawful and appropriate in the circumstances. There was no legal or factual basis to interfere with or revise the sentence. Accordingly, the application for revision was 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
19 paragraphs
Nanjala v Republic (Criminal Revision E079 of 2024) [2025] KEHC 429 (KLR) (27 January 2025) (Ruling)
Neutral citation: [2025] KEHC 429 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision E079 of 2024
DR Kavedza, J
January 27, 2025
Between
Lilian Nanjala
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and after a full trial convicted for the offence of grevious harm contrary to section 234 of the Penal Code. He was sentenced to serve five (5) years imprisonment.
2. She has filed the present application seeking revision of sentence. The grounds raised are that he has served a substantial term of his sentence. She is remorseful for the offence committed. She has undergone rehabilitation. She 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. The application dismissed for lacking in merit.
RULING DATED AND DELIVERED VIRTUALLY THIS 27TH DAY OF JANUARY 2025______________D. KAVEDZAJUDGE