https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9617
The court found merit in the application after considering the applicant's mitigation, rehabilitative progress, family circumstances, and the State's non-opposition, and therefore exercised its discretion to review and reduce the custodial sentence from three years to 16 months backdated to the original sentencing...
Source-derived case information.
- Citation
- [2026] KEHC 9617 (KLR)
- Parties
- Applicant: WILFRED OGEMBO OMURWA; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E094 of 2025
- Procedural Posture
- Miscellaneous Criminal Application for Sentence Review / Ruling
- Outcome
- Application allowed; sentence reviewed and reduced.
- Judges
- ["Sifuna Nixon"]
- Legal Topics
- Sentence Review, Stealing, First Offender Mitigation, Prison Rehabilitation, Discretionary Reduction of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
WILFRED OGEMBO OMURWA
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application for Sentence Review / Ruling
Legal Issues
- 1 Whether the applicant had shown sufficient grounds to warrant review of sentence.
- 2 Whether the court should exercise discretion to reduce the custodial term in light of mitigation and the State's non-opposition.
Ratio Decidendi
The court found merit in the application after considering the applicant's mitigation, rehabilitative progress, family circumstances, and the State's non-opposition, and therefore exercised its discretion to review and reduce the custodial sentence from three years to 16 months backdated to the original sentencing date.
Court Disposition
Application allowed; sentence reviewed and reduced.
Orders
- The sentence of three years imprisonment is reviewed to 16 months imprisonment.
- The revised sentence takes effect from 18th November 2024, the date of the original sentence.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KISII** **MISCELLANEOUS CRIMINAL APPLICATION NO. E094 OF 2025** **WILFRED OGEMBO OMURWA……………….……………….APPLICANT** **=VERSUS=** **REPUBLIC............................................................................RESPONDENT** **RULING** 1. This is an Application for sentence review. The same is a Notice of Motion dated 7th November 2025. The Applicant WILFRED OGEMBO OMURWA now serving sentence at Kisii GK Prison, is seeking a review of the sentence. He was an accused in OGEMBO PM’S COURT CRIMINAL CASE NO. E1394 OF 2024, where he was charged with the offence of Stealing contrary to Section 268 as read with Section 271 of the Penal Code (Cap 63 Laws of Kenya. He was convicted of the offence and sentenced to three years imprisonment. Which sentence was imposed on 18th November 2024, by Hon P.C Biwott (Chief Magistrate). 2. The Applicant is by this Application seeking a review of that sentence. In his grounds he states that he is a first offender; that he has since reformed; that he is socially re-adopted. Hence that he is not dangerous to the community, and has during this term he has in prison undertaken some courses in bible studies. At the hearing of this Application, he has stated that he has a family, with a young child who is sickly. 3. At the hearing, the prosecutor has stated the state does not oppose the Application; and that he leaves it to court to exercise its discretion. ***Determination*** 1. Upon considering the Application, the grounds advanced in support, as well as the response by the State, I find that it has merit. Hence I hereby allowed it. In terms that the sentence imposed on the Applicant, and which he is currently serving, is hereby reviewed. 2. The sentence is hereby reviewed from three years imprisonment, to 16 months imprisonment, with effect from 18th November 2024 the date when it was imposed. 3. It is so ordered. **DATED and DELIVERED at KISII on this 26th day of June 2026.** **PROF (DR) NIXON SIFUNA** **JUDGE**