Njoroge v Republic [2024] KEHC 13367 (KLR)

Njoroge v Republic (Miscellaneous Application E043 of 2024) [2024] KEHC 13367 (KLR) (29 October 2024) (Ruling)

Neutral citation: [2024] KEHC 13367 (KLR)

Republic of Kenya

In the High Court at Kibera

Miscellaneous Application E043 of 2024

DR Kavedza, J

October 29, 2024

Between

Paul Ngugi Njoroge

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged and after a full trial convicted on two counts of offences: robbery with violence contrary to section 295 as read with section 296(2) of the Penal Code, and robbery contrary to section 295 as read with section 296(2) of the Penal Code. He was sentenced to death on both counts. He filed his first appeal where his sentence was reduced to 20 years imprisonment.

2. He has filed the present application on 5th June 2024 seeking revision of sentence. The grounds raised are that the period he had served in remand custody was not factored in the sentence he is currently serving. He has undergone rehabilitation.

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, I find that the sentence imposed was legal in the circumstances of the case and the time spent in remand custody was considered.

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.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 29TH OCTOBER 2024D. KAVEDZAJUDGE