Mandera & another v Republic [2024] KEHC 12171 (KLR)

Mandera & another v Republic (Criminal Revision 265 of 2024) [2024] KEHC 12171 (KLR) (14 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12171 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 265 of 2024

DR Kavedza, J

October 14, 2024

Between

Austine Mandera

1st Applicant

Samuel Kariuki

2nd Applicant

and

Republic

Respondent

Ruling

1. The applicants were charged and after a full trial convicted for the offence of burglary contrary to section 304(2) of the Penal Code. They were each sentenced to serve seven (7) years imprisonment.

2. They have now filed an application seeking sentence review. They 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 applicants’ mitigation, and the fact that the applicants were 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.

5. The application dismissed for lacking in merit.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 14TH OCTOBER 2024____________D. KAVEDZAJUDGE