Muchemi v Republic [2024] KEHC 14451 (KLR)

Muchemi v Republic (Criminal Revision 255 of 2024) [2024] KEHC 14451 (KLR) (19 November 2024) (Ruling)

Neutral citation: [2024] KEHC 14451 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 255 of 2024

DR Kavedza, J

November 19, 2024

Between

Daniel Karanja Muchemi

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged and convicted of the offence of dealing in a wildlife trophy of a specified critically endangered species without a permit contrary to section 92(2) of the Wildlife Conservation and Management Act 2013. He was sentenced to five (5) years imprisonment.

2. He has filed the present application received on 10th September, 2024 seeking revision of sentence. The grounds raised are that he has served a substantial term of his sentence. 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, 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 for lacking in merit.

RULING DATED AND DELIVERED VIRTUALLY THIS 19THNOVEMBER 2024D. KAVEDZAJUDGE