[2025] KEHC 10670 (KLR)
The court found that the application for sentence review lacked merit because there was no Sentence Review Report or status report from Shimo La Tewa Maximum Prison, despite several requests. Without such reports, the court had no basis to determine whether the sentence was harsh, excessive, or warranted review. The...
Source-derived case information.
- Citation
- [2025] KEHC 10670 (KLR)
- Parties
- Appellant: Erick Mwenda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E028 of 2025
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Sentence Review Application
- Outcome
- application dismissed
- Judges
- WM Kagendo.
- Legal Topics
- Sentence Review, Excessive Sentencing, Remorse and Rehabilitation
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Erick Mwenda
Appellant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the 30-year sentence imposed on the applicant was harsh and excessive.
- 2 Whether the court should review the sentence in the absence of a Sentence Review Report or status report from prison.
Ratio Decidendi
The court found that the application for sentence review lacked merit because there was no Sentence Review Report or status report from Shimo La Tewa Maximum Prison, despite several requests. Without such reports, the court had no basis to determine whether the sentence was harsh, excessive, or warranted review. The court further held that the sentence imposed was lawful and not on the higher side. Consequently, the application was dismissed, and the applicant was ordered to continue serving his sentence.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed for lack of merit.
- The applicant is to continue serving his sentence.
Full Case Text
Judgment text and source record
22 paragraphs
Mwenda v Republic (Criminal Miscellaneous Application E028 of 2025) [2025] KEHC 10670 (KLR) (26 June 2025) (Ruling)
Neutral citation: [2025] KEHC 10670 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Miscellaneous Application E028 of 2025
WM Kagendo., J
June 26, 2025
Between
Erick Mwenda
Appellant
and
Republic
Respondent
Ruling
1. This ruling is in relation to the Notice of Motion Application seeking the following order:1. A review of the sentence pursuant to Section 364 of the Criminal Procedure Code
2. This is on the grounds that:1. The 30-year sentence imposed by the high court was harsh and excessive.2. The Applicant is remorseful and regrets his mischief.3. The Applicant has been in custody for six years since his initial arraignment and he believes that he has reformed and rehabilitated.
3. There was also no status report from the Shimo La Tewa Maximum Prison. The court also asked for a Sentence Review Report severally but none was provided.
4. Under the circumstances, the court has no basis on which it can review the sentence which was lawful and not on the higher side.
5. Accordingly. this Application is, therefore, dismissed for lack of merit.
6. The Applicant is to continue serving his sentence. The file is closed.
7. It is so ordered.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 26TH DAY OF JUNE 2026WENDY KAGENDOJUDGEDelivered in the Presence of: ApplicantMr Sirima for the RespondentBebora Court Assistant