[2025] KEHC 16820 (KLR)
The court found that the applicant, convicted of murder and sentenced to ten years imprisonment, had served a significant portion of her sentence. However, the Sentence Review Report filed by the Probation Officer did not recommend a non-custodial sentence. The court, exercising its discretion under the Criminal...
Source-derived case information.
- Citation
- [2025] KEHC 16820 (KLR)
- Parties
- Applicant: Lydia Mwango Moseti; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E018 of 2025
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for sentence revision dismissed. Applicant to continue serving the remainder of her custodial sentence.
- Judges
- WA Okwany
- Legal Topics
- Murder Conviction, Sentence Review, Penal Code Section 203, Penal Code Section 204, Custodial Sentence, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lydia Mwango Moseti
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a revision of her custodial sentence for murder under Section 203 as read with Section 204 of the Penal Code.
- 2 Whether the Sentence Review Report supports a non-custodial sentence for the applicant.
Ratio Decidendi
The court found that the applicant, convicted of murder and sentenced to ten years imprisonment, had served a significant portion of her sentence. However, the Sentence Review Report filed by the Probation Officer did not recommend a non-custodial sentence. The court, exercising its discretion under the Criminal Procedure Code, determined that there were no sufficient grounds or exceptional circumstances to warrant a revision of the custodial sentence. The seriousness of the offence and the lack of a positive recommendation from the probation report led the court to direct that the applicant continue to serve the remainder of her sentence in custody.
Court Disposition
Application for sentence revision dismissed. Applicant to continue serving the remainder of her custodial sentence.
Orders
- The applicant shall continue to serve the remainder of her sentence in custody.
Full Case Text
Judgment text and source record
18 paragraphs
Moseti v Republic (Criminal Revision E018 of 2025) [2025] KEHC 16820 (KLR) (31 January 2025) (Ruling)
Neutral citation: [2025] KEHC 16820 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E018 of 2025
WA Okwany, J
January 31, 2025
Between
Lydia Mwango Moseti
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the High Court at Nyamira, Criminal Case No. 14 of 2015 by Hon. E.N. Maina, Judge on 17th September 2019)
Ruling
1. The Applicant was convicted of the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The trial court sentenced her to serve ten (10) years imprisonment. The Applicant has served five (5) years and four (4) months of her sentence and is remaining with seventeen (17) months after remission, to complete the sentence. The Sentence Review Report filed on 13th January 2025 by the Probation Officer Mr. Nelson Maroa does not recommend a non-custodial sentence. I hereby direct that the Applicant continues to serve the remainder of her sentence in custody.
2. Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 31ST DAY OF JANUARY 2025. W.A. OKWANYJUDGE