Owenga v Republic (Miscellaneous Criminal Application E150 of 2025) [2025] KEHC 13688 (KLR) (2 October 2025) (Ruling) Neutral citation: [2025] KEHC 13688 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E150 OF 2025 DR KAVEDZA, J OCTOBER 2, 2025 BETWEEN ANDREW ONYANGO OWENGA ........................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was convicted of the offense of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act No. 3 of 2006. He was sentenced to life imprisonment. 2. He filed the present undated application seeking sentence review. The grounds raised are that he has served a substantial term of his sentence. 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 for lacking in merit. RULING DATED AND DELIVERED VIRTUALLY THIS 2ND OCTOBER 2025 ______________ D. KAVEDZA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13688/eng@2025-10-02 1
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