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Original judgment

Josephine Iminza v Republic

Iminza v Republic (Miscellaneous Criminal Application E017 of 2026) [2026] KEHC 2297 (KLR) (24 February 2026) (Ruling) Neutral citation: [2026] KEHC 2297 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E017 OF 2026 DR KAVEDZA, J FEBRUARY 24, 2026 BETWEEN JOSEPHINE IMINZA ............................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged and convicted for the stealing contrary to section 268(1) as read with 275 of the Penal Code. She was sentenced to serve two years imprisonment. 2. The grounds raised are that she is remorseful, she has two minor children and has learnt her lesson. She prayed for 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, and the fact that the applicant was a first offender before sentencing. Having considered the application in its totality, I note that before sentencing, the trial court called for and considered the pre-sentencing report. 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. Orders accordingly RULING DATED AND DELIVERED VIRTUALLY THIS 24TH DAY OF FEBRUARY 2026 ______________ D. KAVEDZA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2297/eng@2026-02-24 1

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