[2024] KEHC 15867 (KLR)
The High Court found that the trial court had properly considered the applicant's mitigation and first offender status before sentencing him to three years imprisonment for stealing. There was no illegality, impropriety, or misdirection in the sentence imposed. The applicant's remorse and plea for a non-custodial...
Source-derived case information.
- Citation
- [2024] KEHC 15867 (KLR)
- Parties
- Applicant: Aloisis Wekesa Wafula; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 279 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Revision, Stealing Offence, Penal Code Section 268, Penal Code Section 275, Mitigation, First Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aloisis Wekesa Wafula
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed by the trial court for the offence of stealing was excessive and should be revised.
- 2 Whether the applicant's remorse and status as a first offender justify a non-custodial sentence.
Ratio Decidendi
The High Court found that the trial court had properly considered the applicant's mitigation and first offender status before sentencing him to three years imprisonment for stealing. There was no illegality, impropriety, or misdirection in the sentence imposed. The applicant's remorse and plea for a non-custodial sentence did not constitute sufficient grounds for revision, as the sentence was lawful and appropriate under the circumstances. Accordingly, the application for revision was 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
20 paragraphs
Wafula v Republic (Criminal Revision 279 of 2024) [2024] KEHC 15867 (KLR) (17 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15867 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 279 of 2024
DR Kavedza, J
December 17, 2024
Between
Aloisis Wekesa Wafula
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and convicted of the offence of stealing contrary to section 268(1) as read with 275 of the Penal Code. He was sentenced to serve three (3) years imprisonment.
2. He has filed the present undated application received on 14th October, 2024 seeking revision of sentence. The grounds raised are coalized as follows; that he is remorseful for the offence committed, and he urges the court to reduce his sentence 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, and the fact that the applicant was a first offender before sentencing. Having considered the application in its totality, the sentence imposed was proper under the circumstances.
4. In my view I find no good cause or reason to revise the sentence imposed by the trial court.
5. The application hereby dismissed for lacking in merit.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 17TH DECEMBER 2024. D. KAVEDZAJUDGE