Court: The trial court forwarded the file for review after it realized that it had sentenced the accused erroneously. The accused was convicted in Count I but sentenced in Count II however, this is an error.
I have also perused the lower court record and confirm that there is indeed an error in sentencing that necessitates a review by this court pursuant to Section 364 of the Criminal Procedure Code.
In the circumstances, I set aside the erroneous sentences imposed on the Applicant by the trial court and direct that the original file be released to the Chief Magistrate for fresh sentencing before a different magistrate other than Y. M. Barasa (PM).
Mention on 3/8/2026 before the Chief Magistrate.
Order Accordingly.
L. N. MUGAMBI
JUDGE
HC CR MISC CASE NO 040 OF 2026 Page 2 of 2 BNK
I have also perused the lower court record and confirm that there is indeed an error in sentencing that necessitates a review by this court pursuant to Section 364 of the Criminal Procedure Code.
In the circumstances, I set aside the erroneous sentences imposed on the Applicant by the trial court and direct that the original file be released to the Chief Magistrate for fresh sentencing before a different magistrate other than Y. M. Barasa (PM).
Mention on 3/8/2026 before the Chief Magistrate.
Order Accordingly.
L. N. MUGAMBI
JUDGE
HC CR MISC CASE NO 040 OF 2026 Page 2 of 2 BNK