Githanga v Republic [2025] KEHC 18662 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIBERA MISC. CRIMINAL APPLICATION NO. E200 OF 2025 YUSUF GITAU GITHANGA. ……………………………………….APPLICANT VERSUS REPUBLIC………………………………………………………..RESPONDENT RULING. 1. The applicant was charged and after full trial convicted by the subordinate court for the offence of offence of robbery with violence contrary to section 296(2) of the Penal Code. He was convicted and sentenced to serve thirty (30) years imprisonment. On appeal before this court, his sentence was reduced to twenty (20) years imprisonment. 2. He has filed the present application seeking revision of sentence. 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. The application dismissed. Ruling dated and delivered virtually this 16th day of December 2025 _________________ D. KAVEDZA JUDGE