Alice Halima Shibishi v Republic

Shibishi v Republic (Criminal Revision 84 of 2025) [2025] KEHC 15162 (KLR) (28 October 2025) (Ruling) Neutral citation: [2025] KEHC 15162 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION 84 OF 2025 DR KAVEDZA, J OCTOBER 28, 2025 BETWEEN ALICE HALIMA SHIBISHI .................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged and convicted for the ofience of robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced to death. Her appeal against conviction and sentence was dismissed by this court. On petition the applicant’s death sentence was substituted with a twenty-five (25) year custodial sentence. 2. The applicant has filed the application dated 18th September 2025 seeking sentence review.. The grounds raised are that the time spent in custody has been sufficient rehabilitation. She sufiers from chronic backache, arthritis, ulcers and other age-related illness. She is remorseful for the ofience committed. He has undergone rehabilitation. He urged the court to revise the sentence of the trial court to a non-custodial sentence. 3. From the record, the applicant filed an appeal against his conviction and sentence which was heard and determined by this court. This court is therefore functus officio. The right forum for the applicant is the Court of Appeal. 4. In the circumstances, the application is dismissed. Order accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 28TH DAY OF OCTOBER 2025 ______________ D. KAVEDZA https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/15162/eng@2025-10-28 1

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