[2024] KEHC 12674 (KLR)
The court found that the trial court had duly considered all relevant mitigating factors, including the applicant's status as a first offender, his mitigation, and the time spent in remand custody. The sentence imposed was lawful and appropriate in the circumstances. There was no legal or factual basis to interfere...
Source-derived case information.
- Citation
- [2024] KEHC 12674 (KLR)
- Parties
- Applicant: Nestar Otieno Okara; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 163 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Revision, Mitigation, First Offender, Penal Code Section 306a
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nestar Otieno Okara
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 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 duly considered all relevant mitigating factors, including the applicant's status as a first offender, his mitigation, and the time spent in remand custody. The sentence imposed was lawful and appropriate in the circumstances. There was no legal or factual basis to interfere with or revise the sentence. Consequently, 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
21 paragraphs
Okara v Republic (Criminal Revision 163 of 2024) [2024] KEHC 12674 (KLR) (22 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12674 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 163 of 2024
DR Kavedza, J
October 22, 2024
Between
Nestar Otieno Okara
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and after a full trial convicted for the offence of Entering into a building and committing a felony contrary to section 306(a) of the Penal Code. He was sentenced to serve 4 years imprisonment.
2. He has filed the present application received on 24th July 2024 seeking revision of sentence. The grounds raised are that he was the bread winner to his family. He is remorseful for the offence committed. He is still useful to society and he was a youth leader before arrest. 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 22NDOCTOBER 2024D. KAVEDZAJUDGE