Sambazi v Republic [2024] KEHC 12088 (KLR) | Sentencing Principles | Esheria

Sambazi v Republic [2024] KEHC 12088 (KLR)

Full Case Text

Sambazi v Republic (Criminal Revision 49 of 2024) [2024] KEHC 12088 (KLR) (9 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12088 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 49 of 2024

DR Kavedza, J

October 9, 2024

Between

Sylvia Sambazi

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged and convicted for the offence of grevious harm contrary to section 234 of the Penal Code. She was sentenced to serve five (5) years imprisonment.

2. She has filed the present application seeking a reduction of sentence. The grounds raised are that she is remorseful for the offence committed. She has undergone rehabilitation. She 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 9TH OCTOBER 2024. ........................D. KAVEDZAJUDGE