[2024] KEHC 12088 (KLR)
The court found that the trial court had considered all relevant factors, including the applicant's mitigation, time spent in remand, and her status as a first offender, before imposing the sentence. The sentence was found to be legal and appropriate in the circumstances. No sufficient cause or reason was...
Source-derived case information.
- Citation
- [2024] KEHC 12088 (KLR)
- Parties
- Applicant: Sylvia Sambazi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 49 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Principles, Revision of Sentence, Remorse and Mitigation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sylvia Sambazi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant has demonstrated sufficient grounds for revision of the custodial sentence imposed for grievous harm.
- 2 Whether the trial court properly considered mitigation and relevant factors before sentencing.
Ratio Decidendi
The court found that the trial court had considered all relevant factors, including the applicant's mitigation, time spent in remand, and her status as a first offender, before imposing the sentence. The sentence was found to be legal and appropriate in the circumstances. No sufficient cause or reason was demonstrated to warrant revision of the sentence. Consequently, the application for revision was dismissed.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
Sambazi v Republic (Criminal Revision 49 of 2024) [2024] KEHC 12088 (KLR) (9 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12088 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 49 of 2024
DR Kavedza, J
October 9, 2024
Between
Sylvia Sambazi
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and convicted for the offence of grevious harm contrary to section 234 of the Penal Code. She was sentenced to serve five (5) 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 9TH OCTOBER 2024. ........................D. KAVEDZAJUDGE