https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9573

Kanyiri v Republic (Miscellaneous Criminal Application E112 of 2025) [2026] KEHC 9573 (KLR) (2 July 2026) (Ruling) Neutral citation: [2026] KEHC 9573 (KLR) Republic of Kenya In the High Court at Mombasa Miscellaneous Criminal Application E112 of 2025 NM Orina, J July 2, 2026 Between Simon Mwathi Kanyiri Applicant and Republic Respondent Ruling 1.The Applicant was charged with the offence of murder contrary to Section 203 of the Penal Code as read together with Section 204 of the Penal Code. He was convicted and sentenced to serve a custodial sentence of 15 years. He now seeks a review of the sentence passed by this Court (Ong’ijo J) on the grounds that he was involved in a road traffic accident prior to incarceration and he sustained serious injuries. The Applicant also discloses that he filed another application being HCCRMISC Application no. E178 of 2024 which was dismissed for lack of supporting documentation. 2.I have perused the trial court’s judgment and sentence and the ruling in HCCRMISC Application no. E178 of 2024 where the Court held as follows: 1.I have considered the application and all the information available. It is thus crystal clear that the learned Judge took into consideration the mitigating factors while sentencing the Applicant herein and considering the maximum sentence under this offence is life imprisonment; I believe the Applicant was highly considered to have be sentenced as he was by Lady Justice Ong’ijo. 2.The court notes that there were no medical reports to support the allegations of ill health. There was no progress report from the Shimo la Tewa prison to show how he is progressing or to support the claim of ill health. 3.I also called for a sentence review and none was filed. 4.Under the circumstances I have no grounds upon which I can revisit the sentence even on humanitarian grounds on the right to dignity. 5.I am therefore inclined not to interfere with the 15 years’ imprisonment imposed to the Applicant. The undated Notice of Motion application is hereby found to lack merit and is dismissed with no further orders. 3.Although the Applicant has attached a prisoner’s progressive report from the prison authorities which addresses his medical history, I am not satisfied that the same can be considered as a medical report which should address in detail the prisoner’s current medical condition and whether the same is relevant for consideration for sentence review on account of humanitarian grounds. There is also no sentence review report on the file. In the circumstances, I do not find that this application is merited, the same is dismissed. RULING DATED AND DELIVERED VIRTUALLY THIS 2ND DAY OF JULY 2026________________NABIL M. ORINAJUDGEIn the Presence of:The ApplicantHamza – Court Assistant