Gideon Kariuki Macharia v Republic

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIBERA CRIMINAL REVISION NO. E106 OF 2025 GIDEON KARIUKI MACHARIA .……………………………….APPLICANT VERSUS REPUBLIC………………………………………………………….RESPONDE NT RULING. 1. The Applicant was charged and, following a full trial, convicted of stealing a motor vehicle contrary to section 268(1) as read with section 278A of the Penal Code. He was sentenced to seven (7) years' imprisonment. 2. By an application dated 12th September 2025, the Applicant seeks revision of sentence on the ground that his health has deteriorated during incarceration. He urges the court to substitute the custodial sentence with a non-custodial sentence. 3. I have considered the application, the trial court record and the applicable law. The record shows that, before passing sentence, the trial court considered the Applicant's mitigation, the period spent in remand custody and the fact that he was a first offender. The sentence imposed was lawful and proportionate to the offence. 4. The Applicant has not demonstrated any basis warranting interference with the trial court's exercise of discretion. Accordingly, the application lacks merit and is dismissed. Orders accordingly. Ruling dated and delivered virtually this 30 th day of June 2026

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