https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7161
The applicant was already serving the minimum sentence prescribed by Section 8(4) of the Sexual Offences Act for the offence of defilement, so there was no legal basis to review the sentence further. The application was therefore unmerited.
Source-derived case information.
- Citation
- [2026] KEHC 7161 (KLR)
- Parties
- Applicant: Samson Eguda bashora; Respondent: ODPP
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E029 of 2025
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision Application
- Outcome
- Application dismissed.
- Judges
- ["JN Njagi"]
- Legal Topics
- Defilement, Sentencing, Sentence Review, Minimum Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Eguda bashora
Applicant
ODPP
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision Application
Legal Issues
- 1 Whether the sentence imposed for defilement could be reviewed downward to the minimum sentence sought by the applicant.
- 2 Whether the applicant had any basis for revision where he was already serving the statutory minimum sentence.
Ratio Decidendi
The applicant was already serving the minimum sentence prescribed by Section 8(4) of the Sexual Offences Act for the offence of defilement, so there was no legal basis to review the sentence further. The application was therefore unmerited.
Court Disposition
Application dismissed.
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Bashora v ODPP (Criminal Revision E029 of 2025) [2026] KEHC 7161 (KLR) (15 May 2026) (Ruling) Neutral citation: [2026] KEHC 7161 (KLR) Republic of Kenya In the High Court at Garsen Criminal Revision E029 of 2025 JN Njagi, J May 15, 2026 Between Samson Eguda bashora Applicant and ODPP Respondent Ruling 1.The Applicant was convicted on a charge of defilement contrary to Section 8(1) as read with Section 8(4) of the Sexual Offences No. 3 of 2006 and was sentenced to serve 15 years imprisonment. 2.He now seeks for this court to review his sentence and give him the minimum sentence. He says that he is married with 4 children and he is the sole provider. That he also has 2 siblings who depend on him. 3.I have considered the application. The Appellant was given the minimum sentence as is provided by Section 8(4) of the Sexual Offences Act. There is no basis for review of sentence on the ground that he be given the minimum sentence as he is already serving the minimum sentence. The application is unmerited and is dismissed. DELIVERED, DATED AND SIGNED AT GARSEN THIS 15TH DAY OF MAY 2026.J. N. NJAGIJUDGEIn the presence of:Mr Oluoch for RespondentAppellant- present virtually at Hola G.K. PrisonCourt Assistant - Rahma