' IN THE HIGH COURT OF KENYA
RULING
(ARISING FROM CM SHANZU C o0F 2021) RIMINAL CASE NUMBER 1309 OF 2019
1. The Applicant herein seeks a revision of the sentence imposed in Criminal Case No.
1309 0F 2019 for the offence of trafficking in narcotics drugs contrary to section 4 9a0 of the narcotic drugs and psychotropic substances control act number 4 of 1994 in the
Chief Magistrate’s Court at Shanzu, in which she was sentenced imprisonment for 25 YEARS.
2. The Applicant then lodged an appeal before Justice Og’’injo who reduced the sentence to 15 years imprisonment.
4. The Applicant confirms that she 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 is guided by the Supreme Court’sjurisprudence, and the clarification in the Muruatete 3 case where the supreme court 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 she has served a substantive portion of her revised sentence and she has a positive progress report. She may be considered for decongestion in the December 2025 Exercise.
ORDERS
1. THAT the Application for sentence review is hereby dismissed.
2. THAT the sentence of TEN (15) years imposed by Justice Ogínjo shall remain in force.
3. THAT the Applicant retains the right to pursue any lawful remedy available under the
Constitution and applicable statutes and she may be considered under the decongestion exercise.
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 C o0F 2021) RIMINAL CASE NUMBER 1309 OF 2019
1. The Applicant herein seeks a revision of the sentence imposed in Criminal Case No.
1309 0F 2019 for the offence of trafficking in narcotics drugs contrary to section 4 9a0 of the narcotic drugs and psychotropic substances control act number 4 of 1994 in the
Chief Magistrate’s Court at Shanzu, in which she was sentenced imprisonment for 25 YEARS.
2. The Applicant then lodged an appeal before Justice Og’’injo who reduced the sentence to 15 years imprisonment.
4. The Applicant confirms that she 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 is guided by the Supreme Court’sjurisprudence, and the clarification in the Muruatete 3 case where the supreme court 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 she has served a substantive portion of her revised sentence and she has a positive progress report. She may be considered for decongestion in the December 2025 Exercise.
ORDERS
1. THAT the Application for sentence review is hereby dismissed.
2. THAT the sentence of TEN (15) years imposed by Justice Ogínjo shall remain in force.
3. THAT the Applicant retains the right to pursue any lawful remedy available under the
Constitution and applicable statutes and she may be considered under the decongestion exercise.
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
'