Kimuyu v Republic [2025] KEHC 2737 (KLR) | Sentencing Principles | Esheria

Kimuyu v Republic [2025] KEHC 2737 (KLR)

Full Case Text

Kimuyu v Republic (Criminal Revision E027 of 2025) [2025] KEHC 2737 (KLR) (11 March 2025) (Ruling)

Neutral citation: [2025] KEHC 2737 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision E027 of 2025

DR Kavedza, J

March 11, 2025

Between

Faith Ndinda Kimuyu

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged and after a full trial convicted for the offence of obtaining money by false pretenses contrary to section 313 of the Penal Code. She was sentenced to serve three years and six months.

2. She has filed the present application dated 10th January 2025 seeking revision of sentence. The grounds raised are that he is the sole breadwinner in her family who have suffered since his incarceration. She is remorseful for the offence committed. She has undergone rehabilitation. She 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.

RULING DATED AND DELIVERED VIRTUALLY THIS 11TH MARCH 2025D. KAVEDZAJUDGE