1) The Accused was convicted for the offence of murder on 13/3/2025 by Hon. Lady Justice Wendy Kagendo in Mombasa High Court Criminal Case No. 8 of 2019.
2) In this Application the Applicant prays for review of the sentence meted stating that time he spent in custody was not factored in his sentence under Section 333 (2) of the CPC. The applicant also seeks to be placed under Probation pursuant to Clause 9.3 of the Sentencing Policy Guidelines taking tracking into consideration the following factors:
a) Youth
b) Character
c) Antecedents
d) Health and mental condition
e) Home surrounds
f) Extenuating circumstances under which the offence was committed.
3) This court has no jurisdiction to review the sentence of the court of concurrent jurisdiction.
4) Doing so, would be tantamount to sitting on Appeal against the Judgment of my sister Hon. Lady Justice Wendy Kagendo.
5) This application is, therefore, dismissed for want of jurisdiction.
Dated, signed and delivered at online via MS Teams this 24 th day of June 2026.
Hon. P. K. Rotich
JUDGE
In the presence of:
Mr. Sirima for DPP
Applicant in person
CA - Kipchirchir
2) In this Application the Applicant prays for review of the sentence meted stating that time he spent in custody was not factored in his sentence under Section 333 (2) of the CPC. The applicant also seeks to be placed under Probation pursuant to Clause 9.3 of the Sentencing Policy Guidelines taking tracking into consideration the following factors:
a) Youth
b) Character
c) Antecedents
d) Health and mental condition
e) Home surrounds
f) Extenuating circumstances under which the offence was committed.
3) This court has no jurisdiction to review the sentence of the court of concurrent jurisdiction.
4) Doing so, would be tantamount to sitting on Appeal against the Judgment of my sister Hon. Lady Justice Wendy Kagendo.
5) This application is, therefore, dismissed for want of jurisdiction.
Dated, signed and delivered at online via MS Teams this 24 th day of June 2026.
Hon. P. K. Rotich
JUDGE
In the presence of:
Mr. Sirima for DPP
Applicant in person
CA - Kipchirchir