Wafula v Republic [2024] KEHC 12477 (KLR)

Wafula v Republic (Criminal Revision 266 of 2024) [2024] KEHC 12477 (KLR) (16 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12477 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 266 of 2024

DR Kavedza, J

October 16, 2024

Between

Emmanuel Wafula

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged and convicted for the offence of contrary to section 8(1) as read with 8(3) of the Sexual Offences Act, No. 3 of 2006. He was sentenced to serve 10 years imprisonment. He has now filed an application seeking revision of sentence. The sentence was to run from the date of arrest.

2. He filed the present application seeking sentence review. The grounds raised are that he is remorseful, has been rehabilitated and the time served is sufficient 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 applicants’ mitigation, and the fact that the applicants were 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.

6Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 16 TH OCTOBER 2024______________D. KAVEDZAJUDGE