Samwel Njuguna Mburu v Republic

iii. That after the dissatisfaction of the law court verdict, I opted to lodge an appeal to the high court at Eldoret vide appeal no. 104/2009 iv. That my appeal was against conviction and sentence but was dismissed on 24/3/2010 by Hon. M.A. Angawa v. That I now still approach the same high court with the aim of sentence re-hearing as per Machakos High court ruling in petition no. E017/2021 vi. That, I am remorseful, repentant and reformed and rehabilitated, as I have learned hard lessons while in custody and now beg for leniency vii. That it’s my humble prayer that I be granted a fair opportunity to argue my petition viii. That what I have deboned herein is true to the best of my knowledge information and belief Jurisdiction Facts 3. I Samwel Njuguna Mburu do hereby file this petition in your most respective docket from original SO case file no. 2862/2009 at CM’S Eldoret whereby I convicted and sentenced to life imprisonment for the offence of defilement contrary to section 8 (1) (2) of the SOA no. 3 of 2006 4. Upon appealing to the high court at Eldoret against conviction and sentence, my appeal vide HCCRA. No. 104/2009 was dismissed entirety 5. I now pray to file a petition for sentence review based on the following grounds: Mitigating grounds of petition: Your lord/lady: - 6. 1. That I am a first offender and thus beg for leniency 2. That, I am remorseful, repentant and reformed as I have learnt to take responsibility of my own actions 3. That the sentenced meted upon me was too harsh considering my mitigating factors and circumstances 4. That the sentenced meted upon me was too harsh considering that I am aged, sole bread winner and frequently sick as per attached medical document 5. That I am praying that may the honorable court consider review of sentence as I rely on the jurisprudence of high court petition no. E017/2021 at Machakos on matters. Minimummaximum mandatory provisions under the sexual offences Act no. 3 of 2006 6. That I am seeking for sentence review in accordance to section 362, 364(1) & 365 of the CPC cap 75 laws of Kenya in reliance to article 27(1) (2) (4), 22(1), 23(1), 25c, 50(1) (2) and 51(1) (2) of the constitution of Kenya 2010 7. That I rely on the sentencing policy guidelines 2016 to review my sentence 8. That more grounds to be adduced at hearing thereof and determination of the petition Orders Sought: - https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/8178/eng@2025-06-12 2

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i. That I am seeking orders for review of sentence as under section 362, 364(1) & 365 of the CPC cap 75 laws of Kenya in reliance to article 27(1) (2) (4), 22(1), 23(1), 25c, 50(1) (2) and 51(1) (2) of the constitution of Kenya 2010 among other enabling laws ii. That I am seeking orders for review of sentence u/s 39(2) of SOA no. 3 of 2006 and be admitted on non-custodial basis or/and such other orders the honorable court may deem fit iii. That may this honorable court be pleased to consider the provisions of the sentencing policy guidelines 2016 published by the Kenya judiciary and invoke the provisions of article 165(3) a, b, d & 258(1) of the constitution of Kenya 2010 and reduce my sentence to more reasonable terms Reasons Wherefore 7. I pray that may my petition be allowed, sentence set aside and be substituted by probatory basis or set me free and/or other such orders that the court may deem fit Decision 8. The applicants appeal was summarily rejected under section 352(2) of the CPC. Therefore, his remedy lies with the court of appeal. There is no evidence that the application satisfies the criteria outlined in article 50 (6) (a), (b) of the constitution. I considered this application res-judicata. 9. It is ordered. GIVEN UNDER MY HAND AND THE SEAL OF THIS COURT THIS 12TH DAY OF JUNE 2025 ................................ R. NYAKUNDI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/8178/eng@2025-06-12 3

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