Onderi v Republic [2024] KEHC 14493 (KLR)

Onderi v Republic (Criminal Revision 278 of 2024) [2024] KEHC 14493 (KLR) (18 November 2024) (Ruling)

Neutral citation: [2024] KEHC 14493 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 278 of 2024

DR Kavedza, J

November 18, 2024

Between

Wilfred Onchieku Onderi

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged and after a full trial convicted for the offence of defilement contrary to section 8(1) as read with section 8(4) of the Sexual Offences Act, No. 3 of 2006. He was sentenced to serve ten (10) years imprisonment.

2. He has filed the present application received on 15th October 2024 seeking revision of sentence. The grounds raised are that he is remorseful for the offence committed. He regrets his misinformed venture that ultimately landed him in prison. He urged the court to revise the sentence of the trial court and consider the time spent as sufficient.

3. I have considered the application, the grounds in support and the applicable law. From the record of the 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. I find no good cause or reason to revise the sentence imposed by the trial court. The application dismissed for lacking in merit.

RULING DATED AND DELIVERED VIRTUALLY THIS 18THNOVEMBER 2024D. KAVEDZAJUDGE