[2024] KEHC 15160 (KLR)
The High Court found that the trial court had considered all relevant mitigating factors, including the applicant's remorse, time spent in remand, and first offender status, before imposing the sentence. The sentence of thirty years imprisonment was found to be legal and appropriate in the circumstances. There was...
Source-derived case information.
- Citation
- [2024] KEHC 15160 (KLR)
- Parties
- Applicant: Felix Khesha Savai; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E061 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Murder, Sentencing Principles, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Felix Khesha Savai
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence of thirty years imprisonment for murder should be revised to a non-custodial sentence.
- 2 Whether the trial court considered all relevant mitigating factors before sentencing.
Ratio Decidendi
The High Court found that the trial court had considered all relevant mitigating factors, including the applicant's remorse, time spent in remand, and first offender status, before imposing the sentence. The sentence of thirty years imprisonment was found to be legal and appropriate in the circumstances. There was no good cause or legal basis to interfere with or revise the sentence imposed by the trial court. The application for revision was therefore dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed for lack of merit.
Full Case Text
Judgment text and source record
21 paragraphs
Savai v Republic (Criminal Revision E061 of 2024) [2024] KEHC 15160 (KLR) (3 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15160 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision E061 of 2024
DR Kavedza, J
December 3, 2024
Between
Felix Khesha Savai
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and after a full trial convicted of the offence of murder contrary to section 203 as read with section 204 of the Penal Code. He was sentenced to thirty (30) years imprisonment.
2. He has filed the present application which was received on 22nd August 2024 seeking revision of sentence imposed. The grounds raised are consolidated as follows; that he is remorseful for the offence committed, and he 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, it is my finding that 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.
Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 3RD DAY OF DECEMBER 2024______________D. KAVEDZAJUDGE