Muruga v Republic [2025] KEHC 907 (KLR)

Muruga v Republic (Miscellaneous Criminal Application E211 of 2024) [2025] KEHC 907 (KLR) (4 February 2025) (Ruling)

Neutral citation: [2025] KEHC 907 (KLR)

Republic of Kenya

In the High Court at Kibera

Miscellaneous Criminal Application E211 of 2024

DR Kavedza, J

February 4, 2025

Between

Dennis Njuki Muruga

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged and convicted for the offence of defilement contrary to section 8(1) as read with 8(4) of the Sexual Offences Act, No. 3 of 2006. He was sentenced to serve fifteen (15) years imprisonment. His appeal before this court was dismissed in its entirety.

2. He has filed the present dated application dated 20th December 2024 seeking sentence review. The grounds raised in support of the application are that he is remorseful for the offence, he has rehabilitated and the time spent in custody has been sufficient rehabilitation. He prayed for a non-custodial sentence.

3. I have considered the application, the affidavit in support and the applicable law.

4. From the record, the sentence was imposed by the trial court after considering the applicant’s mitigation, the pre-sentence report and the fact that he was a first offender. The sentence imposed was therefore legal.

5. For the foregoing reasons, the application is found to be lacking in merit and is dismissed.

RULING DATED AND DELIVERED THIS 4TH DAY OF FEBRUARY 2025____________D. KAVEDZAJUDGE