https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10137
The court held that the sentence was legal and had already taken into account relevant mitigating factors, including mitigation, remand custody, and first-offender status. Since a similar application had previously been dismissed, the present motion was an abuse of the court process and was dismissed.
Source-derived case information.
- Citation
- [2026] KEHC 10137 (KLR)
- Parties
- Applicant: PAULINE WAMBUI GICHIMU; Respondent: REPUBLIC
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E120 of 2026
- Procedural Posture
- Miscellaneous Criminal Application for Sentence Review / Ruling on Application
- Outcome
- Application dismissed
- Judges
- ["DR Kavedza"]
- Legal Topics
- Sentence Review, Non Custodial Sentence Request, Abuse of Court Process, False Pretence, Rehabilitation, Remand Custody, First Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
PAULINE WAMBUI GICHIMU
Applicant
REPUBLIC
Respondent
Procedural Posture
Miscellaneous Criminal Application for Sentence Review / Ruling on Application
Legal Issues
- 1 Whether the applicant had shown sufficient basis to warrant review of a legal sentence
- 2 Whether the application was an abuse of the court process
- 3 Whether a non-custodial sentence was justified
Ratio Decidendi
The court held that the sentence was legal and had already taken into account relevant mitigating factors, including mitigation, remand custody, and first-offender status. Since a similar application had previously been dismissed, the present motion was an abuse of the court process and was dismissed.
Court Disposition
Application dismissed
Orders
- Sentence review declined.
- The application was dismissed as an abuse of the court process.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KIBERA** **MISC. CRIMINAL APPLICATION NO. E120 OF 2026** PAULINE WAMBUI GICHIMU…….…....…..…….………..…APPLICANT VERSUS REPUBLIC………………………………………………..….....RESPONDENT **RULING.** 1. The applicant herein was charged before the lower court with the offence of obtaining money by false pretence contrary to section 313 of the Penal Code. After a full trial, she was convicted and sentenced to serve two (2) years’ imprisonment. 2. She has filed the present application dated 4th December 2025 seeking sentence review. The averment made in support of the application is that she has undergone sufficient rehabilitation. She urged the court to issue a non-custodial sentence. 3. I have considered the application, the grounds in support, and the applicable law. From the record of the trial court, the court considered the applicant’s mitigation, the time spent in remand custody and the fact that the applicant was a first offender before sentencing. Having considered the application in its totality. The sentence imposed was also legal in the circumstances of the case. 4. Furthermore this court dismissed a similar application on 26th November 2025 in Misc. Application No. E192 of 2025 and another on 19th December 2025.The application is therefore an abuse of the court process and is dismissed. Orders accordingly. **Ruling dated and delivered virtually this 13th day of July 2026** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_** **D. KAVEDZA** **JUDGE**