Ben Thuo Komo v Republic

Komo v Republic (Miscellaneous Criminal Application E164 of 2025) [2025] KEHC 16860 (KLR) (18 November 2025) (Ruling) Neutral citation: [2025] KEHC 16860 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E164 OF 2025 DR KAVEDZA, J NOVEMBER 18, 2025 BETWEEN BEN THUO KOMO ................................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged and after a full trial convicted for the offence of Gang defilement contrary to section 10 of the Sexual Offenses Act No. 3 of 2006. He was sentenced to serve thirty (30) years imprisonment. He filed an appeal against his conviction to the High Court at Nairobi vide Criminal Appeal No. 134 of 2013, and the same was dismissed. 2. The applicant filed an undated present application seeking sentence review. The grounds raised are that the sentence imposed is excessive. He urged the court to release him. 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 of the foregoing, I find no good cause or reason to revise the sentence imposed by the trial court. The application dismissed for lacking in merit. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 18TH DAY OF NOVEMBER 2025 ....................... D. KAVEDZA https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16860/eng@2025-11-18 1

page 1 of 2