' IN THE HIGH COURT OF KENYA
RULING
(ARISING FROM CM SHANZU Criminal Case No. S0 E094 o0F 2021)
1. The Applicant herein seeks a revision of the sentence imposed in Criminal Case No.
SO.E094 0F 2021 for the offence of defilement contrary to Section 8(1) as read with Section
8(3) of the Sexual Offences Act No. 3 of 2006, before the Chief Magistrate’s Court at
Shanzu, in which he was sentenced imprisonment for 20 YEARS.
2. The Applicant then lodged an appeal before Justice OGOLA, who reduced the sentence to 10 years imprisonment.
4. The Applicant confirms that he has no further intention to appeal and has no pending
appeal before any court. He therefore seeks a review of sentence.
5. The Applicant relies on Article 50(2)(p) of the Constitution of Kenya, 2010, which
guarantees the right to benefit from the least severe sentence applicable, including the right
to seek review where appropriate.
6. The Court further is guided by the Supreme Court’sjurisprudence, including Republic v Joshua
Gichuki Mwangi (Petition E018 of 2023 ), which reaffirmed the constitutionality and
continued operation of mandatory minimum sentences in sexual offences. The Supreme
Court also highlighted the legislative importance of minimum sentences and the need for
consistency in their application.
7. The Court further observes that a court cannot review or vary a sentence imposed by
another court of concurrent and equal jurisdiction. A review mechanism cannot be used to
reopen, disturb, or alter a sentence already affirmed on appeal within the judicial hierarchy.
11. In view of the foregoing, the application for sentence review has no legal merit and
cannot succeed.
I however note that the applicant states that he has under 3 years to go. He may be considered for decongestion in December 2025
ORDERS
1. THAT the Application for sentence review be and is hereby dismissed.
2. THAT the sentence of TEN (10) years imposed by Justice Ogola shall remain in force.
3. THAT the Applicant retains the right to pursue any lawful remedy available under the
Constitution and applicable statutes
DATED SIGNED AND DELIVERED THIS 13 TH DAY OF NOVEMBER 2025
WENDY KAGENDO
JUDGE
HIGH COURT OF KENYA
MOMBASA
IN THE PRESENCE OF;
THE APPLICANT IN PERSON
MR NGIRI FOR THE STATE
MS BEBORA COURT ASSISTANT
'
RULING
(ARISING FROM CM SHANZU Criminal Case No. S0 E094 o0F 2021)
1. The Applicant herein seeks a revision of the sentence imposed in Criminal Case No.
SO.E094 0F 2021 for the offence of defilement contrary to Section 8(1) as read with Section
8(3) of the Sexual Offences Act No. 3 of 2006, before the Chief Magistrate’s Court at
Shanzu, in which he was sentenced imprisonment for 20 YEARS.
2. The Applicant then lodged an appeal before Justice OGOLA, who reduced the sentence to 10 years imprisonment.
4. The Applicant confirms that he has no further intention to appeal and has no pending
appeal before any court. He therefore seeks a review of sentence.
5. The Applicant relies on Article 50(2)(p) of the Constitution of Kenya, 2010, which
guarantees the right to benefit from the least severe sentence applicable, including the right
to seek review where appropriate.
6. The Court further is guided by the Supreme Court’sjurisprudence, including Republic v Joshua
Gichuki Mwangi (Petition E018 of 2023 ), which reaffirmed the constitutionality and
continued operation of mandatory minimum sentences in sexual offences. The Supreme
Court also highlighted the legislative importance of minimum sentences and the need for
consistency in their application.
7. The Court further observes that a court cannot review or vary a sentence imposed by
another court of concurrent and equal jurisdiction. A review mechanism cannot be used to
reopen, disturb, or alter a sentence already affirmed on appeal within the judicial hierarchy.
11. In view of the foregoing, the application for sentence review has no legal merit and
cannot succeed.
I however note that the applicant states that he has under 3 years to go. He may be considered for decongestion in December 2025
ORDERS
1. THAT the Application for sentence review be and is hereby dismissed.
2. THAT the sentence of TEN (10) years imposed by Justice Ogola shall remain in force.
3. THAT the Applicant retains the right to pursue any lawful remedy available under the
Constitution and applicable statutes
DATED SIGNED AND DELIVERED THIS 13 TH DAY OF NOVEMBER 2025
WENDY KAGENDO
JUDGE
HIGH COURT OF KENYA
MOMBASA
IN THE PRESENCE OF;
THE APPLICANT IN PERSON
MR NGIRI FOR THE STATE
MS BEBORA COURT ASSISTANT
'