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Original judgment

Yusuf Gitau Githanga v Republic

Githanga v Republic (Miscellaneous Criminal Application E200 of 2025) [2025] KEHC 18662 (KLR) (16 December 2025) (Ruling) Neutral citation: [2025] KEHC 18662 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E200 OF 2025 DR KAVEDZA, J DECEMBER 16, 2025 BETWEEN YUSUF GITAU GITHANGA ................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged and after full trial convicted by the subordinate court for the offence of offence of robbery with violence contrary to section 296(2) of the Penal Code. He was convicted and sentenced to serve thirty (30) years imprisonment. On appeal before this court, his sentence was reduced to twenty (20) years imprisonment. 2. He has filed the present application seeking revision of sentence. The grounds raised are that he is the sole breadwinner in his family who have suffered since his incarceration. 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. The application dismissed. RULING DATED AND DELIVERED VIRTUALLY THIS 16TH DAY OF DECEMBER 2025 _________________ D. KAVEDZA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18662/eng@2025-12-16 1

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