https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7250
The court declined to interfere with the sentence because the trial court had already considered mitigation, remand custody, and first-offender status, and the sentence imposed was lawful, proportionate, and within statutory limits; rehabilitation alone did not provide a basis for revision.
Source-derived case information.
- Citation
- [2026] KEHC 7250 (KLR)
- Parties
- Applicant: PETER OMWANGALA ATEPE; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E068 of 2026
- Procedural Posture
- Criminal Revision / Sentence Review Application
- Outcome
- Application dismissed
- Judges
- ["DR Kavedza"]
- Legal Topics
- Forgery of Official Document, Export of Wildlife Products, Sentence Review, Community Service Order, Probation Supervision, Concurrent Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
PETER OMWANGALA ATEPE
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Application
Legal Issues
- 1 Whether the court should interfere with a lawful sentence on revision.
- 2 Whether rehabilitation and the applicant's request justify substitution of imprisonment with community service or probation.
Ratio Decidendi
The court declined to interfere with the sentence because the trial court had already considered mitigation, remand custody, and first-offender status, and the sentence imposed was lawful, proportionate, and within statutory limits; rehabilitation alone did not provide a basis for revision.
Court Disposition
Application dismissed
Orders
- The application for review of sentence is dismissed.
- No interference with the sentence imposed.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KIBERA** **CRIMINAL REVISION NO. E068 OF 2026** PETER OMWANGALA ATEPE..…..……………..………………APPLICANT VERSUS REPUBLIC…………………………………………..……..…...RESPONDENT **RULING.** 1. The applicant was charged with three counts comprising two counts of forgery of an official document contrary to section 351 of the Penal Code and one count of export of wildlife products contrary to section 99(1) as read with section 99(3)(b) of the Wildlife Conservation and Management Act, 2013. He was sentenced to two (2) years’ imprisonment on Counts I and II, and five (5) years’ imprisonment on Count III, the sentences to run concurrently. 2. The applicant filed the present application seeking review of sentence on the grounds that he has undergone rehabilitation and should be allowed to serve the remainder of the sentence under a Community Service Order or probation supervision. 3. I have considered the application, the grounds in support thereof, and the applicable law. The trial court record shows that, in sentencing, the court considered the applicant’s mitigation, the period spent in remand custody, and the fact that he was a first offender. The sentence imposed was lawful, proportionate, and within the prescribed statutory limits. 4. Accordingly, I find no basis to interfere with the sentence imposed. The application lacks merit and is hereby dismissed. 5. Orders accordingly. **Ruling dated and delivered virtually this 26th day of May 2026** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_** **D. KAVEDZA** **JUDGE**