Ngwiri v Republic [2024] KEHC 12732 (KLR)

Ngwiri v Republic (Criminal Revision 70 of 2024) [2024] KEHC 12732 (KLR) (22 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12732 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 70 of 2024

DR Kavedza, J

October 22, 2024

Between

John Kumuru Ngwiri

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged and convicted for three counts of robbery with violence contrary to section 295 as read with 296(2) of the Penal Code. He was sentenced to serve a cumulative sentence of 20 years imprisonment.

2. He has filed the present application received on 19th October, 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.

5. The application dismissed for lacking in merit.

6. Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 22ND OCTOBER 2024D. KAVEDZAJUDGE