https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12040
The court found that it had already considered the applicant’s mitigation and her status as a first offender, and that the sentence imposed was lawful in the circumstances. Because no good cause or reason was shown to disturb the sentence, the application for sentence review was dismissed.
Source-derived case information.
- Citation
- [2026] KEHC 12040 (KLR)
- Parties
- Applicant: Susan Murugi Njoroge; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E139 of 2026
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review Application
- Outcome
- Application dismissed.
- Judges
- ["DR Kavedza"]
- Legal Topics
- Sentence Review, Stealing Motor Vehicle, Obtaining by False Pretences, Non Custodial Sentence, First Offender, Rehabilitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan Murugi Njoroge
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Application
Legal Issues
- 1 Whether the applicant established grounds to warrant review of the sentence imposed.
- 2 Whether rehabilitation after incarceration justified substitution of the custodial/pecuniary sentence with a non-custodial sentence.
Ratio Decidendi
The court found that it had already considered the applicant’s mitigation and her status as a first offender, and that the sentence imposed was lawful in the circumstances. Because no good cause or reason was shown to disturb the sentence, the application for sentence review was dismissed.
Court Disposition
Application dismissed.
Orders
- The application for sentence review is dismissed.
- Orders accordingly.
Full Case Text
Judgment text and source record
1 paragraphs
Njoroge v Republic (Miscellaneous Criminal Application E139 of 2026) [2026] KEHC 12040 (KLR) (30 July 2026) (Ruling) Neutral citation: [2026] KEHC 12040 (KLR) Republic of Kenya In the High Court at Kibera Miscellaneous Criminal Application E139 of 2026 DR Kavedza, J July 30, 2026 Between Susan Murugi Njoroge Applicant and Republic Respondent Ruling 1.The applicant was charged and convicted with the offence of Stealing Motor Vehicle contrary to section 268(1) as read with 278A of the Penal Code. Count II she was charged with Obtaining money with false pretence contrary to section 312 as read with section 313 of the penal Code. She was sentenced to pay fine of Kshs.300,000 in default one year imprisonment on Count I and on Count II she was sentenced to a fine of Kshs.250,000 in default to serve 1 year imprisonment, sentences to run consecutively. 2.She has now filed the present application seeking sentence review. The grounds raised are that since his incarceration he has been rehabilitated. She urged the court to release her on a non-custodial sentence. 3.I have considered the application, the grounds in support and the applicable law. From the record of the court, the court considered the applicant’s mitigation, 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.In my view I find no good cause or reason to revise the sentence imposed. The application dismissed.Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 30TH DAY OF JULY 2026 ______________ D. KAVEDZAJUDGE