https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9509
The court found the application merited sentence review because the applicant presented mitigating factors, the State raised no objection, and the court exercised its discretion to reduce the custodial term from three years to 15 months backdated to the original sentencing date.
Source-derived case information.
- Citation
- [2026] KEHC 9509 (KLR)
- Parties
- Applicant: Joshua Ayaye; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E015 of 2025
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- Application allowed; sentence reviewed downward.
- Judges
- ["Sifuna Nixon"]
- Legal Topics
- Sentence Review, Assault Causing Actual Bodily Harm, First Offender Mitigation, Revision of Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joshua Ayaye
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the applicant had shown sufficient grounds to warrant review of the custodial sentence
- 2 Whether the interests of justice justified reduction of the sentence imposed by the trial court
Ratio Decidendi
The court found the application merited sentence review because the applicant presented mitigating factors, the State raised no objection, and the court exercised its discretion to reduce the custodial term from three years to 15 months backdated to the original sentencing date.
Court Disposition
Application allowed; sentence reviewed downward.
Orders
- The sentence of three years imprisonment imposed on 29 May 2025 was reviewed.
- The sentence was reduced to 15 months imprisonment.
Full Case Text
Judgment text and source record
1 paragraphs
Ayaye v Republic (Criminal Revision E015 of 2025) [2026] KEHC 9509 (KLR) (26 June 2026) (Ruling) Neutral citation: [2026] KEHC 9509 (KLR) Republic of Kenya In the High Court at Kisii Criminal Revision E015 of 2025 Sifuna Nixon, J June 26, 2026 Between Joshua Ayaye Applicant and Republic Respondent Ruling 1.This is an Application for sentence review. The same is a Notice of Motion dated 11th July 2025. The Applicant Joshua Ayaye now serving sentence at Kisii GK Prison, is seeking a review of the sentence. He was an Accused in Ogembo PM’S Court Criminal Case No. E348 OF 2024, where he was charged with the offence of Assault Causing Actual Bodily Harm contrary to Section 251 of the Penal Code (Cap 63 Laws of Kenya. He was convicted of the offence and sentenced to three years imprisonment. Which sentence was imposed on 29th May 2025, by Hon P.C Biwott (Chief Magistrate). 2.The Applicant is by this Application seeking a review of that sentence. In his grounds he states that he is a first offender; that he has since reformed; that he is socially re-adopted. Hence that he is not dangerous to the community; that he has during this term he has in prison embraced Christianity and discovered that his calling is to be an evangelist. 3.At the hearing, the prosecutor has stated the state does not oppose the Application; and that he leaves it to court to exercise its discretion.Determination 4.Upon considering the Application, I find that it has merit. Hence I hereby allowed it. In terms that the sentence imposed on the Applicant, and which he is currently serving, is hereby reviewed. 5.The sentence is hereby reviewed from three years imprisonment, to 15 months imprisonment, with effect from 29th May 2025 the date when it was imposed. 6.It is so ordered. DATED AND DELIVERED AT KISII ON THIS 26TH DAY OF JUNE 2026.PROF (DR) NIXON SIFUNAJUDGE