Karega v Republic (Miscellaneous Criminal Application E158 of 2024) [2025] KEHC 937 (KLR) (4 February 2025) (Ruling) Neutral citation: [2025] KEHC 937 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E158 OF 2024 DR KAVEDZA, J FEBRUARY 4, 2025 BETWEEN STEPHEN MAKAU KAREGA ............................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged and convicted for the ofience of robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced death. His appeal before this court was dismissed vide Nairobi Criminal Appeal No. 84 of 2016. 2. He filed the present application dated 22nd October 2024 seeking revision of sentence. The grounds in support of the application are that he has been rehabilitated. He urged the court to revise the sentence of the trial court to a non-custodial sentence. 3. I have considered the application, the affidavit in support and the applicable law. 4. 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. 5. In the circumstances, the application is dismissed for lack of jurisdiction. Order accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 4TH FEBRUARY 2025 D. KAVEDZA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/937/eng@2025-02-04 1
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