1) The applicant was convicted for the offence of defilement on 9 th July, 2019 by Hon. Rita Amwayi, (SRM) and sentenced to serve 20 years imprisonment. The sentence, however, reduced to 15 years by Hon. Lady Justice Onginjo in HCCR Appl. No. 12/2023.
2) In the present application the applicant claims that he has suffered stroke in custody and that his wife and 4 children are suffering, He seeks to be placed on probation under section 4(2) of Probation Offender Act.
3) As sentence of the accused had already been revised by Hon. Lady Justice Onginjo, this court has no jurisdiction to further review decision of a court of concurrent jurisdiction. Doing so would be tantamount to sitting on appeal against decision of my sister Hon. Onginjo.
4) The applicant’s application is, therefore, dismissed for want of jurisdiction
Dated, signed and delivered online via MS Teams this 17 th day of July 2026.
Hon. P. K. Rotich
JUDGE
In the presence of:
Cherop for DPP
Applicant in person
C/A Kipchirchir
2) In the present application the applicant claims that he has suffered stroke in custody and that his wife and 4 children are suffering, He seeks to be placed on probation under section 4(2) of Probation Offender Act.
3) As sentence of the accused had already been revised by Hon. Lady Justice Onginjo, this court has no jurisdiction to further review decision of a court of concurrent jurisdiction. Doing so would be tantamount to sitting on appeal against decision of my sister Hon. Onginjo.
4) The applicant’s application is, therefore, dismissed for want of jurisdiction
Dated, signed and delivered online via MS Teams this 17 th day of July 2026.
Hon. P. K. Rotich
JUDGE
In the presence of:
Cherop for DPP
Applicant in person
C/A Kipchirchir