Malingu v Republic [2025] KEHC 3377 (KLR)

Malingu v Republic (Criminal Revision 98 of 2023) [2025] KEHC 3377 (KLR) (18 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3377 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 98 of 2023

DR Kavedza, J

March 18, 2025

Between

Bonex Bwire Malingu

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(3) of the Sexual Offences Act, No. 3 of 2006. He was sentenced to serve sixteen (16) years imprisonment.

2. He has filed the present undated application seeking revision of sentence. The grounds raised are that 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 18TH MARCH 2025. ...................D. KAVEDZAJUDGE