https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9051
The court found no fault or flaw in the trial court proceedings, so there were no grounds to invoke revisionary powers under sections 362 or 364 of the Criminal Procedure Code. However, since the request for leave to appeal out of time was not opposed, the court granted that prayer and rejected the revision request.
Source-derived case information.
- Citation
- [2026] KEHC 9051 (KLR)
- Parties
- Applicant: Kennedy Wambua Musimi; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E006 of 2026
- Procedural Posture
- Criminal Revision / Ruling on Application for Leave to Appeal Out of Time and Revision of Sentence
- Outcome
- Partially allowed
- Judges
- ["A Mshila"]
- Legal Topics
- Leave to Appeal Out of Time, Revision of Sentence, Guilty Plea, Sentencing, Section 347 Criminal Procedure Code, Sections 362 and 364 Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Wambua Musimi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Leave to Appeal Out of Time and Revision of Sentence
Legal Issues
- 1 Whether leave to appeal out of time should be granted
- 2 Whether the sentence should be revised under the Criminal Procedure Code
- 3 Whether there was any flaw in the trial court proceedings justifying revision
Ratio Decidendi
The court found no fault or flaw in the trial court proceedings, so there were no grounds to invoke revisionary powers under sections 362 or 364 of the Criminal Procedure Code. However, since the request for leave to appeal out of time was not opposed, the court granted that prayer and rejected the revision request.
Court Disposition
Partially allowed
Orders
- Leave granted to file appeal out of time.
- Prayer for revision of sentence disallowed.
Full Case Text
Judgment text and source record
1 paragraphs
Musimi v Republic (Criminal Revision E006 of 2026) [2026] KEHC 9051 (KLR) (5 May 2026) (Ruling) Neutral citation: [2026] KEHC 9051 (KLR) Republic of Kenya In the High Court at Voi Criminal Revision E006 of 2026 A Mshila, J May 5, 2026 Between Kennedy Wambua Musimi Applicant and Republic Respondent Ruling 1.Application made under Section 347 of Criminal Procedure Code and the Applicant seeks for leave to appeal out of time. 2.This prayer was not opposed by the Respondent. 3.The Applicant also prays for revision of sentence. The Prosecutor/Respondent opposed the application and stated that there were no flaws in the proceedings in the trial court. The charge was read out in Kiswahili in a language he understood. The Applicant pleaded guilty to the Charge and was duly sentenced after mitigation was allowed. 4.This Court is satisfied that there was no fault or flaw in the proceedings before the lower court therefore there are no good grounds for this Court to invoke the provisions of Section 362 or 364 of the Criminal Procedure Code. Findings and Determination 5.This Court makes the following findings and determinations:-i.The application is partially merited.ii.Leave be and is hereby granted to the Applicant to file his appeal out of time.iii.Prayer for revision of his sentence is disallowed.iv.File be marked as closed.Orders accordingly. DATED, SIGNED AND DELIVERED THIS 5TH DAY OF MAY 2026 IN OPEN COURT AT VOI HIGH COURT.ABIGAIL MSHILAJUDGEIn the presence of:-Court Assistant: Millicent/EghwaProsecutor: Ms. KanyuiraThe Applicant present in person in custody