1. Pursuant to Section 362 of the Criminal Procedure Code the proceedings relating to Molo Criminal Case No. E1101 of 2024, Republic Vs Kyalo Musyoka Mwangangi and Julis Mutuku Mwangangi were placed before this court for perusal and examination in exercise of its supervisory power of revision.
2. Upon this court’s perusal it became apparent that the applicants were convicted on their own plea of guilty for the offence of assault causing bodily harm contrary to section 251 of the Penal Code. They were then sentenced to serve 5 years imprisonment.
3. The maximum sentence for the offence under section 251 is 5 years imprisonment. It is clear that the applicants were sentenced to serve the maximum sentence.
4. It is obvious that the sentence imposed was not appropriate for first offenders who readily pleaded guilty. This court is entitled to interfere with the sentence imposed in exercise of its power of revision. A sentence of 2 years would have been sufficient.
5. Consequently, the sentence of 5 years is set aside and is substituted with a sentence of 2 years. The new sentence to run from the date of sentence ie from 16 th May, 2024.
6. The applicants namely Kyalo Musyoka Mwangangi and Julius Mutuku Mwangangi have so far served 2 years 2 months . They are hereby ordered set free forthwith unless lawfully held .
Dated, signed and delivered at Nakuru this 29 th day of July, 2026.
J. K. SERGON
JUDGE
In Presence of:
Rutoh C/A
Anyumba for the Respondent
Applicant, present in person
2
2. Upon this court’s perusal it became apparent that the applicants were convicted on their own plea of guilty for the offence of assault causing bodily harm contrary to section 251 of the Penal Code. They were then sentenced to serve 5 years imprisonment.
3. The maximum sentence for the offence under section 251 is 5 years imprisonment. It is clear that the applicants were sentenced to serve the maximum sentence.
4. It is obvious that the sentence imposed was not appropriate for first offenders who readily pleaded guilty. This court is entitled to interfere with the sentence imposed in exercise of its power of revision. A sentence of 2 years would have been sufficient.
5. Consequently, the sentence of 5 years is set aside and is substituted with a sentence of 2 years. The new sentence to run from the date of sentence ie from 16 th May, 2024.
6. The applicants namely Kyalo Musyoka Mwangangi and Julius Mutuku Mwangangi have so far served 2 years 2 months . They are hereby ordered set free forthwith unless lawfully held .
Dated, signed and delivered at Nakuru this 29 th day of July, 2026.
J. K. SERGON
JUDGE
In Presence of:
Rutoh C/A
Anyumba for the Respondent
Applicant, present in person
2