Adiya v Republic [2024] KEHC 13357 (KLR)

Adiya v Republic (Criminal Revision 39 of 2024) [2024] KEHC 13357 (KLR) (29 October 2024) (Ruling)

Neutral citation: [2024] KEHC 13357 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 39 of 2024

DR Kavedza, J

October 29, 2024

Between

Levis Mabare Adiya

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged and after a full trial convicted for the offence of Defilement contrary to section 8(1) as read with 8(2) of the Sexual Offences Act No.3 of 2006. He was sentenced to serve life imprisonment. He filed an appeal to this court and his sentence was reduced to 30 years imprisonment.

2. He has filed the present application received on 5th February 2024 seeking revision of sentence. He urged the court to revise the sentence of the trial court and consider time spent in remand in line with section 333(2) of the CPC.

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 time spent in remand custody. 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.

5. The application dismissed for lacking in merit.

Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 29THDAY OF OCTOBER 2024D. KAVEDZAJUDGE