[2024] KEHC 12236 (KLR)
The High Court found that the trial court had considered all relevant factors, including mitigation, time spent in remand, and the applicant's status as a first offender. The sentence imposed was lawful and appropriate in the circumstances. No sufficient cause or error was demonstrated to warrant revision of the...
Source-derived case information.
- Citation
- [2024] KEHC 12236 (KLR)
- Parties
- Applicant: Teddy Kawire Odero; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E062 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Sentence Revision, Assault Offences, Penal Code Section 251
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Teddy Kawire Odero
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed by the trial court should be revised to a non-custodial sentence.
- 2 Whether the applicant has demonstrated sufficient grounds for revision of sentence.
Ratio Decidendi
The High Court found that the trial court had considered all relevant factors, including mitigation, time spent in remand, and the applicant's status as a first offender. The sentence imposed was lawful and appropriate in the circumstances. No sufficient cause or error was demonstrated to warrant revision of the sentence. Therefore, 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
20 paragraphs
Odero v Republic (Miscellaneous Criminal Application E062 of 2024) [2024] KEHC 12236 (KLR) (14 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12236 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E062 of 2024
DR Kavedza, J
October 14, 2024
Between
Teddy Kawire Odero
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and was convicted on his own guilty plea for the offence of assault contrary to section 251 of the Penal Code. He was sentenced to serve six (6) months imprisonment.
2. He has filed the present application seeking revision of sentence. The grounds raised are that he has served a substantial term of his sentence. He is remorseful for the offence committed. He has undergone rehabilitation. 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. 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 14THOCTOBER 2024______________D. KAVEDZAJUDGE