Itieri v Republic [2025] KEHC 146 (KLR)

Itieri v Republic (Criminal Revision E077 of 2024) [2025] KEHC 146 (KLR) (20 January 2025) (Ruling)

Neutral citation: [2025] KEHC 146 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision E077 of 2024

DR Kavedza, J

January 20, 2025

Between

Charles Bumbe Itieri

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged and 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 challenging his conviction and sentence. The conviction was conviction was upheld and the sentence reduced to twenty (20) years imprisonment.

2. He filed the present application dated 22nd October 2024 seeking revision of sentence. The grounds in support of the application are that he has been rehabilitated. He urged the court to revise the sentence of the trial court to a non-custodial sentence.

3. I have considered the application, the affidavit in support and the applicable law.

4. From the record, the applicant filed an appeal against his conviction and sentence which was heard and determined by this court. In the circumstances, the right forum for the applicant is the Court of Appeal.

5. In the circumstances, the the application is dismissed for lack of jurisdiction.Order accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 20TH DAY OF JANUARY 2025. ........................D. KAVEDZAJUDGE