Kyalo v Republic (Criminal Revision E108 of 2025) [2025] KEHC 14820 (KLR) (22 October 2025) (Judgment) Neutral citation: [2025] KEHC 14820 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MAKUENI CRIMINAL REVISION E108 OF 2025 TM MATHEKA, J OCTOBER 22, 2025 BETWEEN WAMBUA KYALO ................................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT JUDGMENT 1. Wambua Kyalo was convicted and sentenced to three years’ imprisonment in Makueni. CR E700/2024 for the offence of stealing contrary to section 268 as read with section 275 of the Penal Code. This was on 14/7/2025. 2. Thereafter he filed a document headed “Application for mitigation and revision of sentence Brief submission” 3. The context of this document is to seek this court’s consideration of his “ Remorsefulness, age, health… the burden [he] has left back home and either quash the conviction and set aside the sentence or reduce the (sentence) 4. I have looked at the record of the trial court. It clearly demonstrates that the application mitigated before the trial court – that he had 2 children, sole bread winner, that his father was a drunkard, and his mother paralysed. 5. The trial court sought a pre-sentence report which was filed by Probation & After Care Services Makueni. 6. The applicant was found to be unsuitable for non-custodial sentence for the reasons that;He was not 1st offender; The offence he had committed – theft of a submersible pumping system for the https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14820/eng@2025-10-22 1
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Athi Mavindini Project a public/community benefit project – had disrupted the livelihood of the community. 7. The trial court considered his mitigation, the period he had been in custody, and the social inquiry report – in arriving at the sentence. 8. The trail court therefor considered his mitigation before sentence and there are no grounds upon which this court can review his sentences. 9. I find that the application for review is without merit and dismissed. 10. The applicant to serve his sentence. DATED, SIGNED AND DELIVERED THIS 22ND OCTOBER, 2025 MUMBUA T MATHEKA JUDGE Chrispol CA Applicant Present virtually at Makueni Maximum Prison Mr. Kazungu for State https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14820/eng@2025-10-22 2
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