Yusuf alias Mwinde v Republic (Criminal Revision E1208 of 2024) [2025] KEHC 13465 (KLR) (Crim) (24 September 2025) (Ruling) Neutral citation: [2025] KEHC 13465 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CRIMINAL CRIMINAL REVISION E1208 OF 2024 AM MUTETI, J SEPTEMBER 24, 2025 BETWEEN ADAM YUSUF ALIAS MWINDE .......................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged with the ofience of murder contrary to Section 203 as read with 204 of the Penal Code which was later reduced to manslaughter. 2. The applicant was tried, convicted and sentenced to serve a 15 years period of imprisonment on 29th July 2019. 3. The applicant has approached this court seeking to have the remainder of 15 years waved and/or in the alternative, he be committed to serve community service. 4. The applicant has hinged his application on the provisions of Section 362 and 364 of the Criminal Procedure Code as well as Articles 25 (c), 27 (i), 50 (i), (2) (p) (q) (b) (c), 159 (2) (d) and Article 165 (3) & (7) of the Constitution of Kenya 2010. 5. The applicant pleaded with this court stating that he is now a reformed man and is fit for a non custodial sentence. 6. The application is opposed by the prosecution through Ms Ogega Prosecution Counsel who submitted that the trial judge considered the issue of whether or not the applicant deserved a noncustodial sentence and the judge found him unfit for such a sentence. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13465/eng@2025-09-24 1
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7. Ms Ogega urged this court to reject the application considering the sentiments of the judge during sentencing. 8. The application by the applicant cannot succeed in this court’s view because this court has no jurisdiction under Article 165 (3) & (7) of the Constitution as read with Section 362 and 364 of the Criminal Procedure Code to exercise the Powers of revision over a decision of the High Court. 9. The supervisory jurisdiction of the court does not extend to cover decisions of the High court. 10. It is a power of the High court over subordinate courts and quasi -judicial bodies. A judge of the High court cannot purport to vary a sentence meted by a Judge of concurrent jurisdiction citing the revisionary power of the court. 11. Secondly, the accused having been convicted for the ofience of manslaughter and allowed to mitigate this court has no basis to interfere with the 15 years sentence imposed by the judge. 12. As a result, this court finds that the application is competent and is hereby struck out. 13. The aggravated nature of the assault leading to the deceased’s death is a factor that the trial court took into account while sentencing and even if this court had the necessary jurisdiction to entertain this application, there is no doubt in my mind that I would have upheld the sentence. 14. The applicant should therefore continue serving the remainder of the prison term. 15. It is so ordered. DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 24TH DAY OF SEPTEMBER 2025. A. M. MUTETI JUDGE In the presence of: Court Assistant: Habiba Ms Ogega for the Respondent Applicant in person https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13465/eng@2025-09-24 2
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