Edward Kimata Gaithuru v Republic

Gaithuru v Republic (Criminal Revision E001 of 2026) [2026] KEHC 1670 (KLR) (17 February 2026) (Ruling) Neutral citation: [2026] KEHC 1670 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION E001 OF 2026 DR KAVEDZA, J FEBRUARY 17, 2026 BETWEEN EDWARD KIMATA GAITHURU .......................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant herein was charged before the lower court with three counts namely Count I, Stealing Contrary to Section 251 (1) as read with Section 278 of the Penal Code. Count II: Making a false document with intent to defraud, contrary to section 357 (a) of the Penal Code. Count III: Uttering a false document with intent to defraud, contrary to Section 357 (a) of the Penal Code. He was sentenced to serve three (3) years' imprisonment on each Count. 2. He has filed the present application dated 7th January 2026 seeking sentence review. The averments made in support of the application is that he has undergone sufficient rehabilitation and has undertaken rehabilitation and vocational programmes. 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. The applicant has not proposed how he intends to repay the money. 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 17TH DAY OF FEBRUARY, 2026. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1670/eng@2026-02-17 1

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