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( AN APPLICATION FOR REVISION OF SENTENCE ARSING FROM KWALE SPM CASE NUMBER 581 OF 2004)
The background of this application is that the Applicant was charged before the Chief Magistrate’s Court at Kwale in Criminal Case No. 581 of 2004 with the offence of Robbery with Violence contrary to Section 296(2) of the Penal Code, as set out in the particulars of the charge.
It is not in dispute that the Applicant was duly tried, found guilty, and convicted of the said offence. Consequently, he was sentenced to death as prescribed by law. The trial court informed the Applicant of his right of appeal within fourteen (14) days, which he duly exercised. This gave rise to Mombasa High Court Criminal Appeal No. 136 of 2006 , which was heard by Justices M. Odero and J. Ojwang . In a judgment delivered on 26th October 2010 , the appeal was dismissed.
Still dissatisfied, the Applicant further appealed to the Court of Appeal , where his appeal was also dismissed. This effectively brought the litigation journey to an end, and the conviction and sentence were affirmed by both the trial and appellate courts.
The Applicant has now approached this Honorable Court once again through the present application, seeking a review of the sentence pursuant to the constitutional provisions cited in the main application.
The Applicant does not contest the conviction but rather challenges the death sentence , which was later commuted to life imprisonment by His Excellency the President. He contends that all the courts before which he appeared failed to accord him the benefit of the least severe punishment prescribed for the offence, as has since been applied in similar cases.
The Applicant states that he was arrested on 5th April 2004 , and has therefore been in custody for over twenty-one (21) years . During this period, he claims to have lived peacefully with fellow inmates and prison authorities and has never been charged with any misconduct.
He further avers that he has reformed while in custody, is remorseful , and deeply regrets his past actions. He prays for leniency, stating that if granted a second chance, he will reintegrate into society as a responsible and law-abiding citizen. He undertakes to use his experience to mentor others in the community and promote moral values.
A sentence review report was filed and it shows postive progress. The officer recomended that the 21 years sentence is adequate.
I have reviewed the record and i note from the circumstances, both the high court and the court of appeal handled the question on sentence.
Further,the issue of what constitutes a life sentence has now been settled in the case of Republic v. Ayako , where the Supreme Court held that a life sentence means imprisonment for the remainder of the convict’s natural life.
Further, this matter, having emanated from Kwale , ought to have been filed in that jurisdiction.
Consequently, this application is dismissed for both lack of merit and jurisdiction,
It is so ordered
Dated , signed and delivered virtually this 14th day of November 2025.
Wendy Kagendo
JUDGE
IN THE PRESENCE OF:
THE APPLICANT
MR NGIRI FOT THE STATE
BEBORA COURT ASSISTANT
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( AN APPLICATION FOR REVISION OF SENTENCE ARSING FROM KWALE SPM CASE NUMBER 581 OF 2004)
The background of this application is that the Applicant was charged before the Chief Magistrate’s Court at Kwale in Criminal Case No. 581 of 2004 with the offence of Robbery with Violence contrary to Section 296(2) of the Penal Code, as set out in the particulars of the charge.
It is not in dispute that the Applicant was duly tried, found guilty, and convicted of the said offence. Consequently, he was sentenced to death as prescribed by law. The trial court informed the Applicant of his right of appeal within fourteen (14) days, which he duly exercised. This gave rise to Mombasa High Court Criminal Appeal No. 136 of 2006 , which was heard by Justices M. Odero and J. Ojwang . In a judgment delivered on 26th October 2010 , the appeal was dismissed.
Still dissatisfied, the Applicant further appealed to the Court of Appeal , where his appeal was also dismissed. This effectively brought the litigation journey to an end, and the conviction and sentence were affirmed by both the trial and appellate courts.
The Applicant has now approached this Honorable Court once again through the present application, seeking a review of the sentence pursuant to the constitutional provisions cited in the main application.
The Applicant does not contest the conviction but rather challenges the death sentence , which was later commuted to life imprisonment by His Excellency the President. He contends that all the courts before which he appeared failed to accord him the benefit of the least severe punishment prescribed for the offence, as has since been applied in similar cases.
The Applicant states that he was arrested on 5th April 2004 , and has therefore been in custody for over twenty-one (21) years . During this period, he claims to have lived peacefully with fellow inmates and prison authorities and has never been charged with any misconduct.
He further avers that he has reformed while in custody, is remorseful , and deeply regrets his past actions. He prays for leniency, stating that if granted a second chance, he will reintegrate into society as a responsible and law-abiding citizen. He undertakes to use his experience to mentor others in the community and promote moral values.
A sentence review report was filed and it shows postive progress. The officer recomended that the 21 years sentence is adequate.
I have reviewed the record and i note from the circumstances, both the high court and the court of appeal handled the question on sentence.
Further,the issue of what constitutes a life sentence has now been settled in the case of Republic v. Ayako , where the Supreme Court held that a life sentence means imprisonment for the remainder of the convict’s natural life.
Further, this matter, having emanated from Kwale , ought to have been filed in that jurisdiction.
Consequently, this application is dismissed for both lack of merit and jurisdiction,
It is so ordered
Dated , signed and delivered virtually this 14th day of November 2025.
Wendy Kagendo
JUDGE
IN THE PRESENCE OF:
THE APPLICANT
MR NGIRI FOT THE STATE
BEBORA COURT ASSISTANT
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