[2024] KEHC 13367 (KLR)
The court found that the trial court had considered the applicant's mitigation, the period spent in remand custody, and the fact that the applicant was a first offender before passing sentence. There was no evidence that the sentence was illegal or that relevant factors were ignored. Consequently, there was no legal...
Source-derived case information.
- Citation
- [2024] KEHC 13367 (KLR)
- Parties
- Applicant: Paul Ngugi Njoroge; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E043 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Sentence Revision
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Sentence Revision, Remand Custody Period, Robbery With Violence, Penal Code Section 296 2
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Ngugi Njoroge
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Sentence Revision
Legal Issues
- 1 Whether the period spent in remand custody was considered in sentencing the applicant.
- 2 Whether there is a legal basis to revise the applicant's sentence.
Ratio Decidendi
The court found that the trial court had considered the applicant's mitigation, the period spent in remand custody, and the fact that the applicant was a first offender before passing sentence. There was no evidence that the sentence was illegal or that relevant factors were ignored. Consequently, there was no legal basis to revise the sentence, and the application lacked 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
Njoroge v Republic (Miscellaneous Application E043 of 2024) [2024] KEHC 13367 (KLR) (29 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13367 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Application E043 of 2024
DR Kavedza, J
October 29, 2024
Between
Paul Ngugi Njoroge
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and after a full trial convicted on two counts of offences: robbery with violence contrary to section 295 as read with section 296(2) of the Penal Code, and robbery contrary to section 295 as read with section 296(2) of the Penal Code. He was sentenced to death on both counts. He filed his first appeal where his sentence was reduced to 20 years imprisonment.
2. He has filed the present application on 5th June 2024 seeking revision of sentence. The grounds raised are that the period he had served in remand custody was not factored in the sentence he is currently serving. He has undergone rehabilitation.
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, I find that the sentence imposed was legal in the circumstances of the case and the time spent in remand custody was considered.
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.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 29TH OCTOBER 2024D. KAVEDZAJUDGE