This ruling is in relation to the Notice of Motion Application seeking the following order: A review of the sentence pursuant to Section 364 of the Criminal Procedure Code
This is on the grounds that: The 30-year sentence imposed by the high court was harsh and excessive.
The Applicant is remorseful and regrets his mischief.
The Applicant has been in custody for six years since his initial arraignment and he believes that he has reformed and rehabilitated.
There was also no status report from the Shimo La Tewa Maximum Prison. The court also asked for a Sentence Review Report severally but none was provided.
Under the circumstances, the court has no basis on which it can review the sentence which was lawful and not on the higher side.
Accordingly. this Application is, therefore, dismissed for lack of merit.
The Applicant is to continue serving his sentence. The file is closed.
It is so ordered.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 26TH DAY OF JUNE 2026
WENDY KAGENDO
JUDGE
DELIVERED IN THE PRESENCE OF:
APPLICANT
MR SIRIMA FOR THE RESPONDENT
BEBORA COURT ASSISTANT
This is on the grounds that: The 30-year sentence imposed by the high court was harsh and excessive.
The Applicant is remorseful and regrets his mischief.
The Applicant has been in custody for six years since his initial arraignment and he believes that he has reformed and rehabilitated.
There was also no status report from the Shimo La Tewa Maximum Prison. The court also asked for a Sentence Review Report severally but none was provided.
Under the circumstances, the court has no basis on which it can review the sentence which was lawful and not on the higher side.
Accordingly. this Application is, therefore, dismissed for lack of merit.
The Applicant is to continue serving his sentence. The file is closed.
It is so ordered.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 26TH DAY OF JUNE 2026
WENDY KAGENDO
JUDGE
DELIVERED IN THE PRESENCE OF:
APPLICANT
MR SIRIMA FOR THE RESPONDENT
BEBORA COURT ASSISTANT