REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDAMA RAVINE (SUB-REGISTRY)
HCCRREV NO. E009 OF 2026
CARREN CHEPKOECH MWANGI …………….……..… APPLICANT
VERSUS
REPUBLIC………………….………..…….…..……….. PROSECUTION
RULING
1) The applicant has filed Notice of Motion dated 9/7/2026 brought under section 362 and 364 of Criminal Procedure Code and “Rule” 232 of the Sentencing Policy Guidelines “2013”.
2) She seeks that this court revises the sentence accordingly.
3) The application is supported by the “Grounds of the application” dated 9/7/2026.
4) There is also an affidavit in support of the Notice of Motion – where she depones:-
3. THAT, I was charged before the Principal’s Magistrate Court at Eldama Ravine with being in possession of narcotic Drugs contrary to section 3 (1) as read with section 3(2) of the Narcotic Drugs and Psychotropic Substances (Control) Act.
4. THAT, I was convicted on my own plea and sentenced to 2 years imprisonment or a fine of Kshs. 100,000 on 27 th January 2026 by honorable Boaz Ombewa.
5. THAT, I am truly contrite at heart and very remorseful for my actions and I plead with this honorable court for leniency and second chance.
6. THAT, I plead with the honorable court for leniency and a second chance when making its decision.
7. THAT, I have been in poor health, I am suffering from Asthma and heard condition as evidenced by the attached medical report from the prison dispensary.
8. THAT, I am ready to serve the remainder of the sentence on probation or any other non-custodial sentence.
5) I have perused the record in Eldama Ravine MCCRC No. E040/2026. The trial court was supplied with a social inquiry report which the court considered.
6) In addition, the offender was sentenced to pay fine or serve 2 years imprisonment – hence there is an option of payment of fine.
7) The offender was found unsuitable for a non-custodial sentence on 27/1/2026 by Probation and After Care Services. Nothing appears to have changed to warrant a change of the that status . In any event it would not be in order to send her to the same agency that found her unsuitable for that kind of sentence.
8) I have perused the treatment documents – and it is evident that the applicant has undergone treatment both at Eldama Ravine Hospital and Nakuru Referral Hospital – and was discharged in a stable condition. According to the SPGs the consideration would be whether the condition she has is life threatening/ or is a burden to the prison officers/fellow inmates.
9) Revision under the provisions of the CPC ought to be on grounds on propriety, correctness, legality of the sentence.
10) However, section 333(2) of the Criminal Procedure Code is applicable and the default sentence is reviewed to run with effect from 19/1/2026.
11) Order Accordingly
12) file closed.
RULING dated, signed and delivered v at Kabarnet High Court this 31 st July 2026.
MUMBUA T MATHEKA
JUDGE
Page 4 of 4 RULING – HCCRREV NO. E009/2026
IN THE HIGH COURT OF KENYA AT ELDAMA RAVINE (SUB-REGISTRY)
HCCRREV NO. E009 OF 2026
CARREN CHEPKOECH MWANGI …………….……..… APPLICANT
VERSUS
REPUBLIC………………….………..…….…..……….. PROSECUTION
RULING
1) The applicant has filed Notice of Motion dated 9/7/2026 brought under section 362 and 364 of Criminal Procedure Code and “Rule” 232 of the Sentencing Policy Guidelines “2013”.
2) She seeks that this court revises the sentence accordingly.
3) The application is supported by the “Grounds of the application” dated 9/7/2026.
4) There is also an affidavit in support of the Notice of Motion – where she depones:-
3. THAT, I was charged before the Principal’s Magistrate Court at Eldama Ravine with being in possession of narcotic Drugs contrary to section 3 (1) as read with section 3(2) of the Narcotic Drugs and Psychotropic Substances (Control) Act.
4. THAT, I was convicted on my own plea and sentenced to 2 years imprisonment or a fine of Kshs. 100,000 on 27 th January 2026 by honorable Boaz Ombewa.
5. THAT, I am truly contrite at heart and very remorseful for my actions and I plead with this honorable court for leniency and second chance.
6. THAT, I plead with the honorable court for leniency and a second chance when making its decision.
7. THAT, I have been in poor health, I am suffering from Asthma and heard condition as evidenced by the attached medical report from the prison dispensary.
8. THAT, I am ready to serve the remainder of the sentence on probation or any other non-custodial sentence.
5) I have perused the record in Eldama Ravine MCCRC No. E040/2026. The trial court was supplied with a social inquiry report which the court considered.
6) In addition, the offender was sentenced to pay fine or serve 2 years imprisonment – hence there is an option of payment of fine.
7) The offender was found unsuitable for a non-custodial sentence on 27/1/2026 by Probation and After Care Services. Nothing appears to have changed to warrant a change of the that status . In any event it would not be in order to send her to the same agency that found her unsuitable for that kind of sentence.
8) I have perused the treatment documents – and it is evident that the applicant has undergone treatment both at Eldama Ravine Hospital and Nakuru Referral Hospital – and was discharged in a stable condition. According to the SPGs the consideration would be whether the condition she has is life threatening/ or is a burden to the prison officers/fellow inmates.
9) Revision under the provisions of the CPC ought to be on grounds on propriety, correctness, legality of the sentence.
10) However, section 333(2) of the Criminal Procedure Code is applicable and the default sentence is reviewed to run with effect from 19/1/2026.
11) Order Accordingly
12) file closed.
RULING dated, signed and delivered v at Kabarnet High Court this 31 st July 2026.
MUMBUA T MATHEKA
JUDGE
Page 4 of 4 RULING – HCCRREV NO. E009/2026