Odero v Republic [2024] KEHC 12236 (KLR)

Odero v Republic (Miscellaneous Criminal Application E062 of 2024) [2024] KEHC 12236 (KLR) (14 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12236 (KLR)

Republic of Kenya

In the High Court at Kibera

Miscellaneous Criminal Application E062 of 2024

DR Kavedza, J

October 14, 2024

Between

Teddy Kawire Odero

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged and was convicted on his own guilty plea for the offence of assault contrary to section 251 of the Penal Code. He was sentenced to serve six (6) months imprisonment.

2. He has filed the present application 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, 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. 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 14THOCTOBER 2024______________D. KAVEDZAJUDGE