Onyango v Republic [2025] KEHC 5981 (KLR)

Onyango v Republic (Criminal Revision E049 of 2023) [2025] KEHC 5981 (KLR) (12 May 2025) (Ruling)

Neutral citation: [2025] KEHC 5981 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision E049 of 2023

DR Kavedza, J

May 12, 2025

Between

John Alex Otieno Onyango

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged and after a full trial convicted for the offence of trafficking in narcotic drugs contrary to section 4(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act, No. 4 of 1994. He was sentenced to serve eight (8) years imprisonment.

2. He has filed the present application dated 8th April 2025 seeking revision of sentence. The grounds raised are that 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. The application dismissed.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 12THDAY OF MAY 2025D. KAVEDZAJUDGE