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1. Before me is the notice of motion dated 2/7/2024 brought under Article 165(6) of the constitution, Rule 21 of the “Practice and Procedures in the High Court Rules, 2021 and Section 333(2) of the Criminal Procedure.
2. The applicant seeks inter alia that this court grants revision of his sentence. The grounds are that:-
That the applicant was charged before the Senior Resident Magistrate’s Court at Makindu Law Court vide Criminal Case NO. 341 of 2013 for an offence of defilement contrary to Section 8(1) as read with 8(2) of the Sexual Offences Act No. 3 of 2006.
a) That the applicant was then tried, and sentenced to serve 20 years imprisonment.
b) That the applicant being dissatisfied with the conviction and sentence imposed by the magistrate court then lodged an appeal to the High Court at Machakos vide Criminal Appeal No. 286 of 2013 but the appeal was dismissed.
c) That the court of appeal has taken a long time and therefore opted for a revision of the sentence.
d) That the applicant prays the court to consider that the time served as enough for retribution.
e) That the applicant prays the sentence to begin form the date of arrest.
3. The application is supported by the affidavit sworn on 2/7/2024 where he depones ;
1) That I am the applicant herein and well informed about this matter hence competent to swear this affidavit.
2) That I was charged before the Senior Resident Magistrate’s Court at Makindu Vide Criminal Case No. of 341 of 2013, for an offence of defilement contrary to Section 8(1) as read with 8(2) of the Sexual Offences Act No. 3 of 2006.
3) That I was dissatisfied with the conviction imposed by the Senior Magistrate’s court and proceeded to lodge an appeal to the High Court at Machakos vide Criminal Appeal No. 286 of 2013 but the sentence was upheld.
4) That I lodged an appeal to the court of appeal but it has taken a longtime and therefore I opted for a revision of the sentence.
5) That what I have deponed to herein is true to the best of my belief and knowledge.
4. The issue is whether the application is tenable.
5. The applicant was tried and convicted for the offence of defilement contrary to section 8(1) as read with Section 8(2) of the Sexual offences Act, sentenced - to 20 years imprisonment. His appeal to this court (Machakos High Court) was dismissed- hence the conviction and sentence were upheld.
6. Article 165(6) only empowers this court with jurisdiction to supervise subordinate courts - and the revisionary power is over the subordinate court.
The applicant’s sentence having been upheld by this court, removed it from the ambit of revision under Article 165 (6).
7. In the circumstances the applicant has recourse in the power of mercy committee or the Court of Appeal
8. The application for revision is declined
Dated, signed and delivered virtually this 8th October 2025
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Mumbua T Matheka
Judge
Court Assistant: Chrispol
Applicant present
Kazungu for state
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1. Before me is the notice of motion dated 2/7/2024 brought under Article 165(6) of the constitution, Rule 21 of the “Practice and Procedures in the High Court Rules, 2021 and Section 333(2) of the Criminal Procedure.
2. The applicant seeks inter alia that this court grants revision of his sentence. The grounds are that:-
That the applicant was charged before the Senior Resident Magistrate’s Court at Makindu Law Court vide Criminal Case NO. 341 of 2013 for an offence of defilement contrary to Section 8(1) as read with 8(2) of the Sexual Offences Act No. 3 of 2006.
a) That the applicant was then tried, and sentenced to serve 20 years imprisonment.
b) That the applicant being dissatisfied with the conviction and sentence imposed by the magistrate court then lodged an appeal to the High Court at Machakos vide Criminal Appeal No. 286 of 2013 but the appeal was dismissed.
c) That the court of appeal has taken a long time and therefore opted for a revision of the sentence.
d) That the applicant prays the court to consider that the time served as enough for retribution.
e) That the applicant prays the sentence to begin form the date of arrest.
3. The application is supported by the affidavit sworn on 2/7/2024 where he depones ;
1) That I am the applicant herein and well informed about this matter hence competent to swear this affidavit.
2) That I was charged before the Senior Resident Magistrate’s Court at Makindu Vide Criminal Case No. of 341 of 2013, for an offence of defilement contrary to Section 8(1) as read with 8(2) of the Sexual Offences Act No. 3 of 2006.
3) That I was dissatisfied with the conviction imposed by the Senior Magistrate’s court and proceeded to lodge an appeal to the High Court at Machakos vide Criminal Appeal No. 286 of 2013 but the sentence was upheld.
4) That I lodged an appeal to the court of appeal but it has taken a longtime and therefore I opted for a revision of the sentence.
5) That what I have deponed to herein is true to the best of my belief and knowledge.
4. The issue is whether the application is tenable.
5. The applicant was tried and convicted for the offence of defilement contrary to section 8(1) as read with Section 8(2) of the Sexual offences Act, sentenced - to 20 years imprisonment. His appeal to this court (Machakos High Court) was dismissed- hence the conviction and sentence were upheld.
6. Article 165(6) only empowers this court with jurisdiction to supervise subordinate courts - and the revisionary power is over the subordinate court.
The applicant’s sentence having been upheld by this court, removed it from the ambit of revision under Article 165 (6).
7. In the circumstances the applicant has recourse in the power of mercy committee or the Court of Appeal
8. The application for revision is declined
Dated, signed and delivered virtually this 8th October 2025
………………………….
Mumbua T Matheka
Judge
Court Assistant: Chrispol
Applicant present
Kazungu for state
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