[2024] KEHC 15657 (KLR)
The High Court found that the trial court had properly considered the applicant's mitigation, time spent in remand custody, and his status as a first offender before imposing sentence. The sentence of a fine of Kshs. 200,000 on each count, with a default custodial sentence, was within the law and appropriate to the...
Source-derived case information.
- Citation
- [2024] KEHC 15657 (KLR)
- Parties
- Applicant: Fredrick Omondi Opiyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 289 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Stealing by Servant, Sentence Review, Mitigation, Remand Custody, First Offender, Penal Code Section 268
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Omondi Opiyo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the sentence imposed by the trial court was excessive or warranted revision.
- 2 Whether the trial court considered relevant mitigating factors before sentencing.
Ratio Decidendi
The High Court found that the trial court had properly considered the applicant's mitigation, time spent in remand custody, and his status as a first offender before imposing sentence. The sentence of a fine of Kshs. 200,000 on each count, with a default custodial sentence, was within the law and appropriate to the circumstances. There was no illegality, impropriety, or failure to consider relevant factors that would justify revision of the sentence. Accordingly, the application for sentence review lacked merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed for lack of merit.
Full Case Text
Judgment text and source record
20 paragraphs
Opiyo v Republic (Criminal Revision 289 of 2024) [2024] KEHC 15657 (KLR) (9 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15657 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 289 of 2024
DR Kavedza, J
December 9, 2024
Between
Fredrick Omondi Opiyo
Applicant
and
Republic
Respondent
Ruling
1. The applicant with another not before this court was charged and after a full trial convicted for two counts of stealing by servant contrary to section 268(1) of the Penal Code. He was sentenced to pay a fine of Kshs. 200,000 on each count in default to serve 1 year imprisonment on each count to run consecutively.
2. He filed the present the present application seeking sentence review. He argued that the time spent is sufficient 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.
RULING DATED AND DELIVERED VIRTUALLY THIS 9TH DECEMBER 2024. ____________D. KAVEDZAJUDGE