K v Republic [2024] KEHC 12083 (KLR)

K v Republic (Criminal Revision E053 of 2024) [2024] KEHC 12083 (KLR) (8 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12083 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision E053 of 2024

DR Kavedza, J

October 8, 2024

Between

SK

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(3) of the Sexual Offences Act, no. 3 of 2006. He was sentenced to serve twenty-five (25) years imprisonment.

2. He has filed the present application seeking sentence review. The grounds raised are that he has spent a considerable amount of time in prison. He has been rehabilitated and the time spent in remand custody was not considered.

3. I have considered the application, the proceedings of the trial court and the applicable law. From the record, the learned trial magistrate did not also recognize that the Applicant was a first offender. The court gave more weight to the seriousness of the charge and the need to pass a deterrent sentence. In so doing I find that the learned trial magistrate overlooked material factors which dictated a less severe sentence than the one imposed.

4. In those circumstances I find that the sentence of 25 years imprisonment was excessive. I allow the application for sentence review and set aside the sentence of 25 years imprisonment and substitute it with a sentence of twenty (20) years to run from 25th July 2015 the date of the applicant’s arrest pursuant to section 333(2) of the Criminal Procedure Code.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 8THDAY OF OCTOBER 2024D. KAVEDZAJUDGE