[2025] KEHC 2241 (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. In the absence of a favorable recommendation and given the...
Source-derived case information.
- Citation
- [2025] KEHC 2241 (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 on Sentence Review
- Outcome
- Application for sentence revision dismissed; applicant to serve remainder of sentence in custody.
- Judges
- WA Okwany
- Legal Topics
- Murder Conviction, Sentence Review, Penal Code Section 203, Penal Code Section 204
- 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 on Sentence Review
Legal Issues
- 1 Whether the applicant is entitled to a non-custodial sentence after serving part of her sentence for murder.
- 2 Whether the Sentence Review Report supports the applicant's request for sentence revision.
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. In the absence of a favorable recommendation and given the gravity of the offence, the court held that there were no sufficient grounds to alter the custodial nature of the sentence. The applicant was therefore directed to serve the remainder of her sentence in custody.
Court Disposition
Application for sentence revision dismissed; applicant to serve remainder of sentence in custody.
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 2241 (KLR) (31 January 2025) (Ruling)
Neutral citation: [2025] KEHC 2241 (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