'
1. Wambua Kyalo was convicted and sentenced to three years’ imprisonment in Makueni. CR E700/2024 for the offence of stealing contrary to section 268 as read with section 275 of the Penal Code. This was on 14/7/2025.
2. Thereafter he filed a document headed “Application for mitigation and revision of sentence Brief submission”
3. The context of this document is to seek this court’s consideration of his
“Remorsefulness, age, health… the burden [he] has left back home and either quash the conviction and set aside the sentence or reduce the (sentence)
4. I have looked at the record of the trial court. It clearly demonstrates that the application mitigated before the trial court – that he had 2 children, sole bread winner, that his father was a drunkard, and his mother paralysed.
5. The trial court sought a pre-sentence report which was filed by Probation & After Care Services Makueni.
6. The applicant was found to be unsuitable for non-custodial sentence for the reasons that;He was not 1st offender; The offence he had committed – theft of a submersible pumping system for the Athi Mavindini Project a public/community benefit project – had disrupted the livelihood of the community.
7. The trial court considered his mitigation, the period he had been in custody, and the social inquiry report – in arriving at the sentence.
8. The trail court therefor considered his mitigation before sentence and there are no grounds upon which this court can review his sentences.
9. I find that the application for review is without merit and dismissed.
10. The applicant to serve his sentence.
Dated, signed and delivered this 22nd October, 2025
Mumbua T Matheka
Judge
Chrispol CA
Applicant Present virtually at Makueni Maximum Prison
Mr. Kazungu for State
'
1. Wambua Kyalo was convicted and sentenced to three years’ imprisonment in Makueni. CR E700/2024 for the offence of stealing contrary to section 268 as read with section 275 of the Penal Code. This was on 14/7/2025.
2. Thereafter he filed a document headed “Application for mitigation and revision of sentence Brief submission”
3. The context of this document is to seek this court’s consideration of his
“Remorsefulness, age, health… the burden [he] has left back home and either quash the conviction and set aside the sentence or reduce the (sentence)
4. I have looked at the record of the trial court. It clearly demonstrates that the application mitigated before the trial court – that he had 2 children, sole bread winner, that his father was a drunkard, and his mother paralysed.
5. The trial court sought a pre-sentence report which was filed by Probation & After Care Services Makueni.
6. The applicant was found to be unsuitable for non-custodial sentence for the reasons that;He was not 1st offender; The offence he had committed – theft of a submersible pumping system for the Athi Mavindini Project a public/community benefit project – had disrupted the livelihood of the community.
7. The trial court considered his mitigation, the period he had been in custody, and the social inquiry report – in arriving at the sentence.
8. The trail court therefor considered his mitigation before sentence and there are no grounds upon which this court can review his sentences.
9. I find that the application for review is without merit and dismissed.
10. The applicant to serve his sentence.
Dated, signed and delivered this 22nd October, 2025
Mumbua T Matheka
Judge
Chrispol CA
Applicant Present virtually at Makueni Maximum Prison
Mr. Kazungu for State
'