[2024] KEHC 12103 (KLR)
The High Court found that the trial court had considered all relevant mitigating factors, including the applicant's remorse, rehabilitation, time spent in remand, and first offender status, before imposing a lawful sentence. There was no error, illegality, or omission justifying interference with the sentence. The...
Source-derived case information.
- Citation
- [2024] KEHC 12103 (KLR)
- Parties
- Applicant: Felistas Ndinda Raymond; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E058 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Wildlife Offences, Sentencing Principles, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Felistas Ndinda Raymond
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed by the trial court for dealing in wildlife trophy without a permit should be revised to a non-custodial sentence.
- 2 Whether the applicant's remorse and rehabilitation constitute sufficient grounds for sentence reduction.
Ratio Decidendi
The High Court found that the trial court had considered all relevant mitigating factors, including the applicant's remorse, rehabilitation, time spent in remand, and first offender status, before imposing a lawful sentence. There was no error, illegality, or omission justifying interference with the sentence. The application for sentence revision was therefore dismissed as no sufficient cause was demonstrated to warrant reduction or alteration of the custodial sentence imposed for dealing in wildlife trophy without a permit.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
Raymond v Republic (Criminal Revision E058 of 2024) [2024] KEHC 12103 (KLR) (7 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12103 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision E058 of 2024
DR Kavedza, J
October 7, 2024
Between
Felistas Ndinda Raymond
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and after a full trial convicted for the offence of Dealing in wildlife trophy without a permit contrary to section 92(2) of the Wildlife Conservation and Management Act, 2013. She was sentenced to serve seven (7) years imprisonment.
2. She has filed the present application seeking a reduction of sentence. The grounds raised are that she is remorseful for the offence committed. She has undergone rehabilitation. She 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. The application dismissed.
Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 7THOCTOBER 2024D. KAVEDZAJUDGE