Darius Kibet Kimutai v Republic

Kimutai v Republic (Criminal Revision E064 of 2026) [2026] KEHC 8761 (KLR) (23 June 2026) (Ruling) Neutral citation: [2026] KEHC 8761 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION E064 OF 2026 DR KAVEDZA, J JUNE 23, 2026 BETWEEN DARIUS KIBET KIMUTAI ..................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged and after a full trial convicted for the offence of robbery with violence contrary to section 295 as read with section 296(2) of the Penal Code. He was sentenced to serve seven (7) years imprisonment. 2. He has filed the present application dated 5th May 2026 seeking revision of sentence. The grounds raised are that he was the bread winner to his family. He is a first time offender and has undergone reform . 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 and the time spent in remand custody. 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 imposed by the trial court. 5. The application dismissed for lacking in merit. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 23RD DAY OF JUNE 2026 ______________ D. KAVEDZA https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8761/eng@2026-06-23 1

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