(Revision of Sentence in Mombasa HC Criminal Appeal NO. E071 OF 2022 emanating from Shanzu S.O Case no. E060 of 2021)
The undated Notice of Motion before this Court prepared and filed by the Applicant is brought under Section 364 (1) (b) of the Criminal Procedure Code. The Applicant through his application has moved this court seeking for consideration of probation placement.
The applicant was charged and convicted with the offence of defilement contrary to Section 8(1) and (3) of the Sexual Offences Act and was sentenced to 20 years’ imprisonment by the trial court. He filed Mombasa High Court Criminal Appeal no. E071 of 2022 which reduced his sentence to 10 years’ imprisonment.
The Applicant prays that the sentence be reviewed and he be placed under probation terms. I have considered the application, the affidavit in support of the same, the applicant’s submissions on record and the sentence review report dated 26 th November 2025 at the time of making this determination.
The issue for consideration is whether the application has merit and what orders this court should make.
It is well settled in Kenya that the High Court cannot review or alter a sentence imposed or upheld by another judge of the same court. I find that this Honourable Court lacks jurisdiction to review or set aside the decision of another judge of concurrent jurisdiction. This principle is rooted in the doctrine of stare decisis and the hierarchy of courts which ensures consistency and finality in judicial decisions.
In Republic vs Karisa Chengo & 2 Others (2017) Eklr , The Supreme Court of Kenya held that the High Court cannot revisit or alter a sentence imposed by another judge of the same court unless the decision is appealed to a higher court or reviewed under specific statutory provisions.
In the case of Joseph Nduvi Mbuvi vs Republic (2019) Eklr , the Court of Appeal reaffirmed that a judge of the High Court cannot sit on appeal or review the decision of another judge of the same court. The court emphasized that such a practice would undermine judicial comity and create uncertainty in the administration of justice.
Therefore, the applicant’s request for a sentence review cannot be entertained by this Honourbale Court. Doing that would amount to sitting on appeal over a decision of a judge of equal standing. The applicant’s proper avenue for such a challenge would be an appeal to the Court of Appeal as provided for under Article 164 (3) of the Constitution of Kenya, 2010.
The application lacks merit and the same is dismissed.
DELIVERED, DATED and SIGNED at MOMBASA on this 18 th day of DECEMBER 2025.
Ruling delivered through Microsoft Teams Online Platform.
WENDY KAGENDO MICHENI
JUDGE
In the presence of;-
The undated Notice of Motion before this Court prepared and filed by the Applicant is brought under Section 364 (1) (b) of the Criminal Procedure Code. The Applicant through his application has moved this court seeking for consideration of probation placement.
The applicant was charged and convicted with the offence of defilement contrary to Section 8(1) and (3) of the Sexual Offences Act and was sentenced to 20 years’ imprisonment by the trial court. He filed Mombasa High Court Criminal Appeal no. E071 of 2022 which reduced his sentence to 10 years’ imprisonment.
The Applicant prays that the sentence be reviewed and he be placed under probation terms. I have considered the application, the affidavit in support of the same, the applicant’s submissions on record and the sentence review report dated 26 th November 2025 at the time of making this determination.
The issue for consideration is whether the application has merit and what orders this court should make.
It is well settled in Kenya that the High Court cannot review or alter a sentence imposed or upheld by another judge of the same court. I find that this Honourable Court lacks jurisdiction to review or set aside the decision of another judge of concurrent jurisdiction. This principle is rooted in the doctrine of stare decisis and the hierarchy of courts which ensures consistency and finality in judicial decisions.
In Republic vs Karisa Chengo & 2 Others (2017) Eklr , The Supreme Court of Kenya held that the High Court cannot revisit or alter a sentence imposed by another judge of the same court unless the decision is appealed to a higher court or reviewed under specific statutory provisions.
In the case of Joseph Nduvi Mbuvi vs Republic (2019) Eklr , the Court of Appeal reaffirmed that a judge of the High Court cannot sit on appeal or review the decision of another judge of the same court. The court emphasized that such a practice would undermine judicial comity and create uncertainty in the administration of justice.
Therefore, the applicant’s request for a sentence review cannot be entertained by this Honourbale Court. Doing that would amount to sitting on appeal over a decision of a judge of equal standing. The applicant’s proper avenue for such a challenge would be an appeal to the Court of Appeal as provided for under Article 164 (3) of the Constitution of Kenya, 2010.
The application lacks merit and the same is dismissed.
DELIVERED, DATED and SIGNED at MOMBASA on this 18 th day of DECEMBER 2025.
Ruling delivered through Microsoft Teams Online Platform.
WENDY KAGENDO MICHENI
JUDGE
In the presence of;-