Okara v Republic [2024] KEHC 12674 (KLR)

Okara v Republic (Criminal Revision 163 of 2024) [2024] KEHC 12674 (KLR) (22 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12674 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 163 of 2024

DR Kavedza, J

October 22, 2024

Between

Nestar Otieno Okara

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged and after a full trial convicted for the offence of Entering into a building and committing a felony contrary to section 306(a) of the Penal Code. He was sentenced to serve 4 years imprisonment.

2. He has filed the present application received on 24th July 2024 seeking revision of sentence. The grounds raised are that he was the bread winner to his family. He is remorseful for the offence committed. He is still useful to society and he was a youth leader before arrest. 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 22NDOCTOBER 2024D. KAVEDZAJUDGE