Edward Kisanya Agessa v Republic

Agessa v Republic (Criminal Revision E129 of 2025) [2025] KEHC 11246 (KLR) (29 July 2025) (Ruling) Neutral citation: [2025] KEHC 11246 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION E129 OF 2025 DR KAVEDZA, J JULY 29, 2025 BETWEEN EDWARD KISANYA AGESSA ................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. 1. The appellant was charged with the ofience of attempted defilement contrary to section 9(1) as read with section 9(2) of the Sexual Offences Act, No. 3 of 2006. After a full trial, he was convicted and sentenced to serve ten (10) years imprisonment. His appeal before this court was dimsised on 30th September 2024 in Kibera High Court Criminal Appeal No. 146 of 2023. 2. He has filed the present application dated 5th June 2025 seeking revision of sentence. The grounds raised are that he is the sole breadwinner in his family. Since his incarceration, his family has sufiered psychological trauma. He is remorseful for the ofience committed. He has undergone rehabilitation. He urged the court to revise the sentence of the trial court to a non-custodial sentence. 3. From the record, the applicant filed an appeal against his conviction and sentence which was heard and determined by this court. This court is therefore functus officio. The right forum for the applicant is the Court of Appeal. 4. In the circumstances, the application is dismissed. Order accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 29TH DAY OF JULY 2025 ______________ D. KAVEDZA https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/11246/eng@2025-07-29 1

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