https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12530

Muhoro v Republic (Criminal Revision E008 of 2026) [2026] KEHC 12530 (KLR) (31 July 2026) (Ruling) Neutral citation: [2026] KEHC 12530 (KLR) Republic of Kenya In the High Court at Nyeri Criminal Revision E008 of 2026 MA Odero, J July 31, 2026 Between Simon Maina Muhoro Applicant and Republic Respondent Ruling 1.The applicant Simon Maina Muhoro has filed this application seeking review of his sentence. 2.The Applicant had been arraigned in the Lower Court facing a charge of Preparation To Commit A Felony Contrary To Section 308(1) Penal Code. The particulars of the charge were that:-“On 2nd day of March 2025 at about 0420 hrs in Nyeri township in Nyeri Central Sub-county within Nyeri County, you were found armed with dangerous weapon namely a knife in circumstances that indicate that you were so armed with intent to commit a felony namely robbery.” 3.The applicant pleaded ‘Not Guilty’ to the charge and his case was heard in the Lower Court. On 11th September 2025, HON. IMOLEIT, Senior Resident Magistrate delivered a judgment convicting the applicant. Thereafter the applicant was sentenced to serve seven (7) years imprisonment. 4.The applicant now pleads for a review of his sentence. The ODPP opposes any review of sentence. 5.The Power of the High Court to review sentences is set out in Section 362 of the Penal Code, Cap 63 Laws of Kenya which provides as follows:-“The High Court may call for and examine the record of any criminal proceedings before any subordinate Court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed and as to the regularity of any proceedings in any such subordinate court.” 6.The orders which the High Court make upon revision are provided by Section 364 of the Penal Code. 7.I have carefully perused the record of the proceedings before the lower court. I am satisfied that the correct procedure was followed in all respects. The applicant was accorded all fair trial rights as guaranteed under Article 50 of the Constitution of Kenya 2010. Following his conviction the applicant was allowed an opportunity to mitigate before sentencing. 8.Section 308(1) of the Penal Code provides thus;-“308 (1) Any person found armed with any dangerous or offensive weapon in circumstances that indicate he was so armed with intent to commit any felony is guilty of a felony and is liable to imprisonment of not less than seven years and not more than fifteen years.” 9.The sentence imposed by the trial court was the statutory minimum sentence. I am not inclined to interfere with that sentence. I find no merit in this application for review. The same is dismissed in its entirety. No orders on costs. DATED IN NYERI THIS 31ST DAY OF JULY 2026.……………………MAUREEN A. ODEROJUDGE