Chindoro v Republic (Miscellaneous Criminal Application E078 of 2025) [2026] KEHC 10712 (KLR) (24 June 2026) (Ruling)
The application was dismissed because the High Court lacked jurisdiction to review a sentence imposed by a court of concurrent jurisdiction; granting the relief sought would improperly amount to an appeal against the decision of another High Court judge.
Source-derived case information.
- Citation
- [2026] KEHC 10712 (KLR)
- Parties
- Applicant: Kombo Kwakwa Chindoro; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E078 of 2025
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Review Application
- Outcome
- Application dismissed for want of jurisdiction.
- Judges
- ["PK Rotich"]
- Legal Topics
- Review of Sentence, Section 333(2) Criminal Procedure Code, Probation, Jurisdiction of the High Court, Concurrent Jurisdiction, Credit for Time Spent in Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kombo Kwakwa Chindoro
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the High Court had jurisdiction to review a sentence imposed by a court of concurrent jurisdiction.
- 2 Whether the applicant's custody period should have been factored into the sentence under section 333(2) of the Criminal Procedure Code.
- 3 Whether the applicant could be placed on probation under the Sentencing Policy Guidelines.
Ratio Decidendi
The application was dismissed because the High Court lacked jurisdiction to review a sentence imposed by a court of concurrent jurisdiction; granting the relief sought would improperly amount to an appeal against the decision of another High Court judge.
Court Disposition
Application dismissed for want of jurisdiction.
Orders
- Sentence review application dismissed.
- No order made on probation or sentence adjustment.
Full Case Text
Judgment text and source record
1 paragraphs
Chindoro v Republic (Miscellaneous Criminal Application E078 of 2025) [2026] KEHC 10712 (KLR) (24 June 2026) (Ruling) Neutral citation: [2026] KEHC 10712 (KLR) Republic of Kenya In the High Court at Mombasa Miscellaneous Criminal Application E078 of 2025 PK Rotich, J June 24, 2026 Between Kombo Kwakwa Chindoro Applicant and Republic Respondent Ruling 1.The Accused was convicted for the offence of murder on 13/3/2025 by Hon. Lady Justice Wendy Kagendo in Mombasa High Court Criminal Case No. 8 of 2019. 2.In this Application the Applicant prays for review of the sentence meted stating that time he spent in custody was not factored in his sentence under Section 333 (2) of the CPC. The applicant also seeks to be placed under Probation pursuant to Clause 9.3 of the Sentencing Policy Guidelines taking tracking into consideration the following factors:a.Youthb.Characterc.Antecedentsd.Health and mental conditione.Home surroundsf.Extenuating circumstances under which the offence was committed. 3.This court has no jurisdiction to review the sentence of the court of concurrent jurisdiction. 4.Doing so, would be tantamount to sitting on Appeal against the Judgment of my sister Hon. Lady Justice Wendy Kagendo. 5.This application is, therefore, dismissed for want of jurisdiction. DATED, SIGNED AND DELIVERED AT ONLINE VIA MS TEAMS THIS 24TH DAY OF JUNE 2026.Hon. P. K. RotichJUDGEIn the presence of:Mr. Sirima for DPPApplicant in personCA - Kipchirchir