Wendo v Republic [2025] KEHC 3036 (KLR)

Wendo v Republic (Miscellaneous Criminal Application E031 of 2025) [2025] KEHC 3036 (KLR) (17 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3036 (KLR)

Republic of Kenya

In the High Court at Kibera

Miscellaneous Criminal Application E031 of 2025

DR Kavedza, J

March 17, 2025

Between

Derrick Juma Wendo

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged and after a full trial convicted for the offence of robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced to serve twenty (20) years imprisonment.

2. He has filed the present application dated 14th February 2025 seeking sentence review. The grounds raised are that he is the sole breadwinner in his family who have suffered since his incarceration. 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.

RULING DATED AND DELIVERED VIRTUALLY THIS 17TH MARCH 2025. ____________D. KAVEDZAJUDGE