Sifuna v Republic [2025] KEHC 9046 (KLR)

Sifuna v Republic (Criminal Revision 5 of 2025) [2025] KEHC 9046 (KLR) (24 June 2025) (Ruling)

Neutral citation: [2025] KEHC 9046 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 5 of 2025

DR Kavedza, J

June 24, 2025

Between

Kelvin Sifuna

Applicant

and

Republic

Respondent

Ruling

1. The applicant was jointly charged and convicted for the offence of stealing a motor vehicle contrary to Section 268(1) as read with Section 278A of the Penal Code. He was sentenced to serve seven (7) years imprisonment to run from the date of plea. His appeal before this court was dismissed on 29th January 2025 in Criminal Appeal No. 46 & 51 of 2024 (consolidated).

2. The applicant has filed the present application dated 8th April 2025 seeking sentence review. The grounds raised in support of the application are that the he has already served one third of his sentence and is eligible for a non-custodial sentence. He is the only son to his elderly parents who need his care and support. He urged the court to review the sentence imposed.

3. From the record, the applicant filed an appeal against his conviction and sentence which was heard and determined by this court. In the circumstances, the right forum for the applicant is the Court of Appeal.

4. As such, the application is dismissed. The applicant is directed not to file any other application without leave of court.Order accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 24TH DAY OF JUNE 2025D. KAVEDZAJUDGE