Chirchir v Republic (Miscellaneous Application E181 of 2025) [2026] KEHC 8382 (KLR) (26 May 2026) (Ruling)
The application was dismissed because the High Court had no jurisdiction to review or alter a sentence that had already been imposed on appeal by a court of concurrent jurisdiction; the Applicant’s remedy lay in an appeal to the Court of Appeal, not in review before the same level court.
Source-derived case information.
- Citation
- [2026] KEHC 8382 (KLR)
- Parties
- Applicant: DENNIS KIPKORIR CHIRCHIR; Respondent: REPUBLIC
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E181 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Undated Notice of Motion for Review of Sentence
- Outcome
- Application dismissed
- Judges
- ["JM Omido"]
- Legal Topics
- Defilement, Non Custodial Sentence, Jurisdiction to Review Appellate Sentence, Custodial Sentence Reduction, Appeal to Court of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DENNIS KIPKORIR CHIRCHIR
Applicant
REPUBLIC
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Undated Notice of Motion for Review of Sentence
Legal Issues
- 1 Whether the High Court had jurisdiction to review or alter a sentence previously imposed on appeal by a court of concurrent jurisdiction
- 2 Whether the Applicant established a basis for a non-custodial sentence
Ratio Decidendi
The application was dismissed because the High Court had no jurisdiction to review or alter a sentence that had already been imposed on appeal by a court of concurrent jurisdiction; the Applicant’s remedy lay in an appeal to the Court of Appeal, not in review before the same level court.
Court Disposition
Application dismissed
Orders
- The Applicant’s undated motion is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KISUMU** **MISC. APPLICATION NO. E181 OF 2025** **DENNIS KIPKORIR CHIRCHIR……..……………………..APPLICANT** **VERSUS** **REPUBLIC……………………………………………………….RESPONDENT** **RULING** 1. The Applicant’s undated notice of motion seeks review of his sentence, so that he serves a non-custodial sentence instead of the present custodial sentence. 2. The Applicant was convicted before the trial court on a charge of defilement and sentenced to life imprisonment. He appealed to the High Court and my brother **Mwamuye J.** on 3rd February, 2025 upheld the conviction but reduced the sentence to 30 years imprisonment. 3. The foregoing being the position, this court does not have the jurisdiction to review and/or alter the sentence imposed on appeal by a court of concurrent jurisdiction. The proper avenue for the Applicant to challenge the sentence is by an appeal to the Court of Appeal. 4. In light of the foregoing analysis and findings, the Court is not persuaded that the Applicant has established any sufficient basis to warrant the grant of the orders sought in the undated motion. The application lacks merit both in fact and in law and therefore fails. Consequently, the Applicant’s undated motion is hereby dismissed. 5. This file is hereby closed. DELIVERED (virtually), DATED & SIGNED this 26th day of May, 2026. **JOE M. OMIDO.** **JUDGE** APPLICANT: Present, virtually. FOR RESPONDENT: **Ms. Muema.** COURT ASSISTANTS: **Mr. Ngoge** & **Mr. Juma.**