Mudi v Republic [2025] KEHC 18593 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIBERA MISC. CRIMINAL APPLICATION NO. E198 OF 2025 KENNEDY IMBOHA MUDI……………………………………….APPLICANT VERSUS REPUBLIC………………………………………………………..RESPONDENT RULING. 1. The applicant was charged and after full trial convicted by the subordinate court 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 20 years’ imprisonment. On appeal before this court, the sentence was reduced to ten (10) years imprisonment. 2. He has filed the present application seeking revision of sentence. The grounds raised are that he is the sole breadwinner in his family who have suffered since his incarceration. He is remorseful for the offence committed. He has undergone rehabilitation. 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. 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. The application dismissed. Ruling dated and delivered virtually this 16th day of December 2025 ______________ D. KAVEDZA JUDGE