1. The Applicant herein FREDRICK WAIRAGU KINGORI has filed this application dated 7 th January 2025 seeking review of his sentence.
2. The Applicant had been charged with the offence of Assault causing Grievous bodily Harm contrary to Section 234 of the Penal Code . The particulars of the charge were that
“On the 2 nd day of June 2024 at Karoko Village in Nyeri South Sub-County within Nyeri County jointly with others not before court unlawfully did grievous harm to SIMON MUCHIRI MWANGI .”
3. The applicant pleaded ‘ Not Guilty’ to the charge and his trial was conducted in the Lower Court on 30 th October 2025 Hon. N. W. WANJA Resident Magistrate delivered a judgment in which she convicted the applicant of the lesser offence of Assault Causing actual bodily harm contrary to Section 251 of the Penal Code and thereafter sentenced him to serve two (2) years imprisonment without the option of a fine.
4. The Applicant now prays to have his sentence reviewed. Ms. Kaniu for ODPP opposed this application for review.
5. The Power of the High Court to review sentences is set out in Section 362 of the Penal Code, Cap 63 Laws of Kenya which provides as follows:-
“The High Court may call for and examine the record of any criminal proceedings before any subordinate Court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed and as to the regularity of any proceedings in any such subordinate court.”
6. The orders which the High Court may make upon revision are provided by Section 364 of the Penal Code .
7. I have carefully perused the record of the proceedings before the
lower court. I am satisfied that the correct procedure was followed in all respects. The applicant was accorded all fair trial rights as guaranteed by the Article 50 of Constitution of Kenya 2010 . The applicant participated actively in the trial by cross-examining the prosecution witnesses. He gave a sworn defence and called witnesses in support of his defence.
8. Although the trial Court convicted the applicant of a lesser offence I note that the injuries suffered by the victim were severe - these included deep cuts to the head and cuts on the occipital (eye) region.
9. Section 251 of the Penal Code under which the applicant was convicted provides that
“Any person who commits an assault occasioning actual bodily harm is guilty of a misdemeanor and is liable to imprisonment for five years.”
10. Therefore the sentence imposed upon the applicant was legal. The
court imposed a sentence much less than the maximum sentence. I find no reason to interfere with said sentence.
11. Finally I find no merit in this application for review. The same is
dismissed in its entirety. No orders on costs.
Dated in Nyeri this 31 st day of July 2026.
HIGH COURT CRIMINAL REVISION CASE NO. E004/2026 RULING Page 1 of 4
2. The Applicant had been charged with the offence of Assault causing Grievous bodily Harm contrary to Section 234 of the Penal Code . The particulars of the charge were that
“On the 2 nd day of June 2024 at Karoko Village in Nyeri South Sub-County within Nyeri County jointly with others not before court unlawfully did grievous harm to SIMON MUCHIRI MWANGI .”
3. The applicant pleaded ‘ Not Guilty’ to the charge and his trial was conducted in the Lower Court on 30 th October 2025 Hon. N. W. WANJA Resident Magistrate delivered a judgment in which she convicted the applicant of the lesser offence of Assault Causing actual bodily harm contrary to Section 251 of the Penal Code and thereafter sentenced him to serve two (2) years imprisonment without the option of a fine.
4. The Applicant now prays to have his sentence reviewed. Ms. Kaniu for ODPP opposed this application for review.
5. The Power of the High Court to review sentences is set out in Section 362 of the Penal Code, Cap 63 Laws of Kenya which provides as follows:-
“The High Court may call for and examine the record of any criminal proceedings before any subordinate Court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed and as to the regularity of any proceedings in any such subordinate court.”
6. The orders which the High Court may make upon revision are provided by Section 364 of the Penal Code .
7. I have carefully perused the record of the proceedings before the
lower court. I am satisfied that the correct procedure was followed in all respects. The applicant was accorded all fair trial rights as guaranteed by the Article 50 of Constitution of Kenya 2010 . The applicant participated actively in the trial by cross-examining the prosecution witnesses. He gave a sworn defence and called witnesses in support of his defence.
8. Although the trial Court convicted the applicant of a lesser offence I note that the injuries suffered by the victim were severe - these included deep cuts to the head and cuts on the occipital (eye) region.
9. Section 251 of the Penal Code under which the applicant was convicted provides that
“Any person who commits an assault occasioning actual bodily harm is guilty of a misdemeanor and is liable to imprisonment for five years.”
10. Therefore the sentence imposed upon the applicant was legal. The
court imposed a sentence much less than the maximum sentence. I find no reason to interfere with said sentence.
11. Finally I find no merit in this application for review. The same is
dismissed in its entirety. No orders on costs.
Dated in Nyeri this 31 st day of July 2026.
HIGH COURT CRIMINAL REVISION CASE NO. E004/2026 RULING Page 1 of 4