https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11110
The application failed because the court found the applicant had served only 8 years and 4 months out of a 28-year sentence, which is only about a quarter of the term, and that was not a substantial part of the sentence. In those circumstances, there was no basis to consider early release or sentence review, and the...
Source-derived case information.
- Citation
- [2026] KEHC 11110 (KLR)
- Parties
- Applicant: Nancy Anyango Okech; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E030 of 2026
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review/early Release
- Outcome
- Application dismissed
- Judges
- ["JN Njagi"]
- Legal Topics
- Sentence Review, Jurisdiction of High Court, Early Release From Prison, Demonstrated Rehabilitation, Murder Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nancy Anyango Okech
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review/early Release
Legal Issues
- 1 Whether the High Court had jurisdiction to review a sentence imposed by another judge of equal jurisdiction
- 2 Whether the applicant had served a substantial part of the sentence to justify early release
- 3 Whether demonstrated rehabilitation warranted sentence review
Ratio Decidendi
The application failed because the court found the applicant had served only 8 years and 4 months out of a 28-year sentence, which is only about a quarter of the term, and that was not a substantial part of the sentence. In those circumstances, there was no basis to consider early release or sentence review, and the application was dismissed.
Court Disposition
Application dismissed
Orders
- The application for review of sentence was dismissed as unmerited.
Full Case Text
Judgment text and source record
1 paragraphs
Okech v Republic (Criminal Revision E030 of 2026) [2026] KEHC 11110 (KLR) (21 July 2026) (Ruling) Neutral citation: [2026] KEHC 11110 (KLR) Republic of Kenya In the High Court at Garsen Criminal Revision E030 of 2026 JN Njagi, J July 21, 2026 Between Nancy Anyango Okech Applicant and Republic Respondent Ruling 1.The Applicant was sentenced to serve 28 years imprisonment for the offence of murder. She in June 2024 filed an application for review of sentence that was declined by Justice Githinji on the 2/7/2024 on the ground that the Judge had no jurisdiction to review a sentence imposed by another Judge of the High Court. 2.The Applicant in December 2024 or thereabouts filed another application for review of sentence that this court rejected on 30/4/2025 on the grounds that she had only served close to 8 years of the sentence imposed on her. The court did not find any merit in the review application. 3.The Applicant undeterred, has yet again filed another application for review of sentence based on her earlier grounds that the review of sentence be considered on ground of demonstrated rehabilitation. 4.I have considered the application. The sentence meted on the applicant was ordered to run from 8/2/2018. This means that she has only served 8 years and 4 months of the sentence meted on her. Whereas this court has no jurisdiction to review a sentence of another judge of equal jurisdiction the court may consider an application for early release from prison where a substantial part of the sentence has been served and there is demonstrated rehabilitation. The applicant has only served a quarter of the sentence. There is not even reason to consider her early release from prison in view of the small number of years served relative to the sentence being served. The application is thus unmerited and is dismissed. RULING DELIVERED, DATED AND SIGNED AT GARSEN THIS 21ST JULY 2026.J.N.NJAGJUDGEIn the presence of:Mr.Oluoch for RespondentApplicant – present virtually at Malindi G.K PrisonCourt Assistant – Ms.Rahma