Kenyani v Republic [2024] KEHC 12095 (KLR)

Kenyani v Republic (Criminal Revision 152 of 2024) [2024] KEHC 12095 (KLR) (7 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12095 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 152 of 2024

DR Kavedza, J

October 7, 2024

Between

Patrick Ambani Kenyani

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 twelve (12) years imprisonment.

2. He has filed the present undated application filed on 21st June 2024 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 imposed by the trial court. The application dismissed.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 7TH OCTOBER 2024. ..............................D. KAVEDZAJUDGE