[2025] KEHC 9770 (KLR)

[2025] KEHC 9770 (KLR)

The High Court found that the trial court had properly considered the nature and seriousness of the offence, the circumstances under which it was committed, and the mitigating factors advanced by the applicant, including her remorsefulness and status as a first offender. The sentence of a fine of Kshs 50,000 or two...

Source-derived case information.

Citation
[2025] KEHC 9770 (KLR)
Parties
Applicant: Josephine Kerubo Okemwa; Respondent: Republic
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Judgment Date
25 June 2025
Case Number
Miscellaneous Criminal Revision E008 of 2025
Procedural Posture
Miscellaneous Criminal Revision / Ruling on Application for Revision of Sentence
Outcome
application dismissed
Judges
TA Odera
Legal Topics
Sentence Revision, Grievous Harm, Mitigating Factors, Powers of High Court
Source Language
english
Criminal Law Civil Procedure Sentence Revision Grievous Harm Mitigating Factors Powers of High Court

Source-derived case record

Summary, issues, holding and outcome

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Parties

Josephine Kerubo Okemwa

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Revision / Ruling on Application for Revision of Sentence

Legal Issues

  1. 1 Whether the sentence imposed by the trial court for the offence of causing grievous harm was excessive or improper.
  2. 2 Whether the High Court should exercise its revisionary jurisdiction to alter the sentence imposed on the applicant.

Ratio Decidendi

The High Court found that the trial court had properly considered the nature and seriousness of the offence, the circumstances under which it was committed, and the mitigating factors advanced by the applicant, including her remorsefulness and status as a first offender. The sentence of a fine of Kshs 50,000 or two years imprisonment in default was within the statutory limits and not excessive given the gravity of the injuries inflicted (the complainant's left ear was bitten off). The revisionary jurisdiction of the High Court is not intended to substitute its own view for that of the trial court where the sentence is lawful and proportionate. There was no error, illegality, or...

Court Disposition

application dismissed

Orders

  • The application for revision of sentence is dismissed.
  • The sentence imposed by the trial court stands.