[2024] KEHC 6977 (KLR)
The court found that the sentence imposed on the applicant was legal and that the trial court had already considered all relevant mitigating factors, including the applicant's time in custody, mitigation, and first offender status. No new or compelling reason was presented to warrant revision of the sentence. The...
Source-derived case information.
- Citation
- [2024] KEHC 6977 (KLR)
- Parties
- Applicant: Ndungu Mburu Nungari; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 71 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Robbery With Violence, Sentencing Revision, Mitigation, Life Imprisonment, Custodial Sentence, Rehabilitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ndungu Mburu Nungari
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant has demonstrated sufficient cause for revision of his sentence.
- 2 Whether the sentence imposed was legal and appropriate in the circumstances.
Ratio Decidendi
The court found that the sentence imposed on the applicant was legal and that the trial court had already considered all relevant mitigating factors, including the applicant's time in custody, mitigation, and first offender status. No new or compelling reason was presented to warrant revision of the sentence. The application for sentence revision was therefore dismissed as there was no good cause or legal basis to interfere with the sentence imposed.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
Nungari v Republic (Criminal Revision 71 of 2023) [2024] KEHC 6977 (KLR) (11 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6977 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 71 of 2023
DR Kavedza, J
June 11, 2024
Between
Ndungu Mburu Nungari
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and convicted for the offence of robbery with violence contrary to section 296(2) of the penal code. He was sentenced to death. The sentence was later commuted to life imprisonment. The applicant was later on resentenced to serve 30 years imprisonment.
2. He has filed an application for sentence revision. He contended that he has already served 18 years in prison which is sufficient rehabilitation. At the time of his arrest he was 35 years and spent most of his adult life in prison. In addition, he suffers from leukaemia and diabetes. He is remorseful. He urged the court to grant 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 legal in the circumstances of the case.
4. In my view I find no good cause or reason to revise the sentence imposed. The application is dismissed.
RULING DATED AND DELIVERED VIRTUALLY THIS 11THDAY OF JUNE 2024D. KAVEDZAJUDGE