Kisila v Republic [2024] KEHC 6393 (KLR)

Kisila v Republic (Criminal Revision 10 of 2024) [2024] KEHC 6393 (KLR) (4 June 2024) (Ruling)

Neutral citation: [2024] KEHC 6393 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 10 of 2024

DR Kavedza, J

June 4, 2024

Between

Emmanuel Mutinda Kisila

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged and convicted for the offence of robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced to serve death. On appeal, this court substituted the sentence to forty years imprisonment on 14th September 2020. The sentence was to run from the date of arrest being 15th September 2004.

2. He has filed the present application seeking revision of sentence. The grounds raised are that he is the sole breadwinner in his family. Since his incarceration, his family has suffered psychological trauma. 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. 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. As such, the application is dismissed. The applicant is directed not to file any other application without leave of court.

Order accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 4TH DAY OF JUNE 2024______________D. KAVEDZAJUDGE