https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9999
The application failed because the trial court had already considered the mitigating factors and imposed a sentence reflecting the seriousness of the murder conviction and deterrence objectives; the High Court had no revisional jurisdiction to re-evaluate that discretionary reasoning as if on appeal, and no special...
Source-derived case information.
- Citation
- [2026] KEHC 9999 (KLR)
- Parties
- Applicant: Emily Waithira Githinji; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E005 of 2026
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review/revision
- Outcome
- Application dismissed.
- Judges
- ["NM Orina"]
- Legal Topics
- Murder, Sentencing, Sentence Review, Revision Jurisdiction, Mitigating Factors, Deterrent Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emily Waithira Githinji
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review/revision
Legal Issues
- 1 Whether the High Court had jurisdiction in revision to interfere with a sentence already imposed by the trial court
- 2 Whether the applicant disclosed special circumstances justifying review or reduction of the 20-year custodial sentence
- 3 Whether remorse, motherhood, and family responsibilities warranted sentence reconsideration
Ratio Decidendi
The application failed because the trial court had already considered the mitigating factors and imposed a sentence reflecting the seriousness of the murder conviction and deterrence objectives; the High Court had no revisional jurisdiction to re-evaluate that discretionary reasoning as if on appeal, and no special circumstances were shown to justify disturbing the sentence.
Court Disposition
Application dismissed.
Orders
- The undated application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Githinji v Republic (Criminal Revision E005 of 2026) [2026] KEHC 9999 (KLR) (9 July 2026) (Ruling) Neutral citation: [2026] KEHC 9999 (KLR) Republic of Kenya In the High Court at Mombasa Criminal Revision E005 of 2026 NM Orina, J July 9, 2026 Between Emily Waithira Githinji Applicant and Republic Respondent Ruling 1.The Applicant was charged with the offence of murder contrary to Section 203 of the Penal Code as read together with Section 204 of the Penal Code. She was convicted and sentenced to serve a custodial sentence of 20 years. This sentence runs from 13 October 2022. 2.The Applicant has now moved this court through an undated application seeking review of the sentence imposed by this Court on the grounds that she has regretted the offence committed and consideration that she is mother whose children need her care. She also avers that her mother is elderly and suffers from a chronic disease and also needs her care. No sentence review report was filed despite the directions of this court issued on 2 March 2026. 3.This court has examined the trial court record, the judgment and the sentence passed on the Applicant. It is noted from the record that the Court considered the mitigating factors and arrived at the sentence having considered the nature of the offence and the need for a deterrent sentence that mirrors the seriousness of the offence. This Court does not have jurisdiction to sit on appeal of that consideration as that is the role of the Court of Appeal. Furthermore, this court is not satisfied that there are any special circumstances in this application that may necessitate a reconsideration of the sentence passed. 4.Consequently, the application lacks merit and is hereby dismissed. RULING DATED AND DELIVERED VIRTUALLY THIS 9TH DAY OF JULY 2026NABIL M. ORINAJUDGEIn the Presence of:The ApplicantLinda – Court Assistant