1. On 4/6/2026, this Court was writing a Judgment in HCCRA No. E051 of 2026 MOSES MATETE VS REPUBLIC. In that appeal, the appellant had been charged together with one SARAH NYANGA in Nyando Criminal Case No. 456 of 2024.
2. Both the appellant in that appeal and Sarah Nyanga pleaded guilty and were convicted accordingly. This court is not aware whether the said Sarah Nyanga who was sentenced to 20 years’ imprisonment appealed the said decision or not.
3. I have looked at the charge sheet dated 19/6/2024. The same indicates that the said Sarah was aged 17 years as at the date of being arraigned in Court, convicted and sentenced to 20 years’ imprisonment. If the charge sheet was correct as to the age of the said Sarah Nyanga then there may have been a miscarriage of justice.
4. Accordingly, I exercise my jurisdiction under section 362 of the Criminal Procedure Act and call for the original record in Nyando Criminal Case No. 456 of 2024 R vs Sarah Nyanga & Another to satisfy myself as to the legality or otherwise of the proceedings and orders of 19/6/2024.
5. Section 362 of the Criminal Procedure Act provides: -
“The High Court may call for and examine the record of any criminal proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of any such subordinate court.”
6. Accordingly, I direct the Probation Officer to forthwith interview the said Sarah Nyanga, establish her current age, and file with the Court a pre-sentence or a Sentence Review Report within 30 days.
It is so ordered.
2. Both the appellant in that appeal and Sarah Nyanga pleaded guilty and were convicted accordingly. This court is not aware whether the said Sarah Nyanga who was sentenced to 20 years’ imprisonment appealed the said decision or not.
3. I have looked at the charge sheet dated 19/6/2024. The same indicates that the said Sarah was aged 17 years as at the date of being arraigned in Court, convicted and sentenced to 20 years’ imprisonment. If the charge sheet was correct as to the age of the said Sarah Nyanga then there may have been a miscarriage of justice.
4. Accordingly, I exercise my jurisdiction under section 362 of the Criminal Procedure Act and call for the original record in Nyando Criminal Case No. 456 of 2024 R vs Sarah Nyanga & Another to satisfy myself as to the legality or otherwise of the proceedings and orders of 19/6/2024.
5. Section 362 of the Criminal Procedure Act provides: -
“The High Court may call for and examine the record of any criminal proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of any such subordinate court.”
6. Accordingly, I direct the Probation Officer to forthwith interview the said Sarah Nyanga, establish her current age, and file with the Court a pre-sentence or a Sentence Review Report within 30 days.
It is so ordered.