High Court 18285 of 2025

GK v Republic (Criminal Petition E015 of 2025) [2025] KEHC 18285 (KLR) (8 December 2025) (Ruling) Neutral citation: [2025] KEHC 18285 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL PETITION E015 OF 2025 DR KAVEDZA, J DECEMBER 8, 2025 BETWEEN GK ............................................................................................................. PETITIONER AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The petitioner was convicted for the ofience of incest contrary to section 20(1) of the Sexual Offences Act No. 3 of 2006. He was sentenced to serve ten years imprisonment. On revision, this court revised the sentence to life imprisonment vide a ruling delivered on 9th May 2017. 2. The Petitioner has now returned to this Court by way of the present application, challenging the decision to revise and enhance the sentence. He contends that the Court erred in exercising its revisionary jurisdiction and seeks to have the enhanced sentence set aside. The Applicant advances no new evidence, nor does he identify any legal misdirection or procedural irregularity that would justify a departure from the earlier ruling. Instead, the application reiterates matters that were fully considered at the time of revision. 3. Section 362 of the Criminal Procedure Code empowers this Court to satisfy itself as to the correctness, legality and propriety of any finding, sentence or order of a subordinate court. Upon revisiting the record, the Court is satisfied that the enhancement of the sentence to life imprisonment was lawful, was based on the clear wording of section 20(1) of the Sexual Offences Act and that all relevant considerations were addressed. 4. The present application discloses no error apparent on the face of the record and presents no basis upon which the Court may review or vary its earlier findings. 5. In the premises, the application is without merit and is dismissed in its entirety. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18285/eng@2025-12-08 1

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