https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8364
The application failed because the court found that the earlier order of 23/5/2023 had already directed that the 30-year sentence run from 18/7/2023; therefore, the request for review on remand time was misconceived and without merit.
Source-derived case information.
- Citation
- [2026] KEHC 8364 (KLR)
- Parties
- Applicant: Anthony Ngaina Chepkenda; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E201 of 2025
- Procedural Posture
- Miscellaneous Criminal Application / Application for Review of Sentence
- Outcome
- Application dismissed
- Judges
- ["A Mabeya"]
- Legal Topics
- Defilement, Mandatory Sentence, Sentence Review, Time Spent in Remand, Appeal on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Anthony Ngaina Chepkenda
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Application for Review of Sentence
Legal Issues
- 1 Whether the sentence should be reviewed to account for time spent in remand
- 2 Whether the earlier appellate order already addressed the commencement date of sentence
Ratio Decidendi
The application failed because the court found that the earlier order of 23/5/2023 had already directed that the 30-year sentence run from 18/7/2023; therefore, the request for review on remand time was misconceived and without merit.
Court Disposition
Application dismissed
Orders
- The motion dated 3/11/2025 is dismissed.
- No revision of the sentence was granted.
Full Case Text
Judgment text and source record
1 paragraphs
Chepkenda v Republic (Miscellaneous Criminal Application E201 of 2025) [2026] KEHC 8364 (KLR) (12 June 2026) (Ruling) Neutral citation: [2026] KEHC 8364 (KLR) Republic of Kenya In the High Court at Kisumu Miscellaneous Criminal Application E201 of 2025 A Mabeya, J June 12, 2026 Between Anthony Ngaina Chepkenda Applicant and Republic Respondent Ruling 1.Anthony Ngaina Chepkenda ‘the applicant’ was charged with the offence of defilement contrary to section 8(1) and (2) of the Sexual Offences Act. It was alleged that he had defiled a child aged less than 11 years. 2.He was tried before the Tamu Principal Magistrate’s Court in Criminal Case No. E023 of 2021. He was found guilty, convicted and sentenced to the mandatory life imprisonment sentence. 3.Subsequently, he preferred an appeal to this court in Ksm HCCR case No. E057 of 2021 Anthony Ngaina Chepkenda vs Republic. By an order of this Court made on 23/5/2023, Aburili J ordered that: -“1.That the appeal against mandatory life imprisonment imposed on the appellant is hereby allowed.2.That the appeal against mandatory life imprisonment on the appellant is hereby set aside and substituted with thirty (30) years imprisonment to be calculated from 18th July, 2021 the date of arrest, as the appellant did not secure a surety to sign for him to be released on bond pending trial.3.That this appeal is only allowed on sentence as stated above, appeal against conviction having been withdrawn by the appellant.4.That this file is hereby closed.” 4.Vide a motion on notice dated 3/11/2025, the applicant sought the sentence be reviewed as the court had not taken into consideration the time taken in remand during the appellate trial. That he was arrested on 18/7/2021 and sentenced on 1/12/2021 a period of 5 months. 5.I have considered the application and record. It is clear from the order of Aburili J that I have set out above dated 23/5/2023, that sentence was ordered to run from 18/7/2023. 6.In the circumstances, the application is without merit and the same is hereby dismissed.It is so ordered. DATED AND DELIVERED AT KISUMU THIS 12TH DAY OF JUNE, 2026.A. MABEYA, FCIArbJUDGE