Budube v Republic (Miscellaneous Criminal Application E008 of 2025) [2025] KEHC 15267 (KLR) (17 October 2025) (Ruling) Neutral citation: [2025] KEHC 15267 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUSIA MISCELLANEOUS CRIMINAL APPLICATION E008 OF 2025 WM MUSYOKA, J OCTOBER 17, 2025 BETWEEN CHRISPINUS BUDUBE .......................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant herein had been charged, in Busia HCCRC No. 3 of 2017, with murder, contrary to section 203, as read with section 204, of the Penal Code, Cap 63, Laws of Kenya, but was convicted of manslaughter, contrary to section 202 of the Penal Code. He was sentenced to serve 10 years in prison. 2. It would appear that the applicant did not appeal against that conviction and sentence at the Court of Appeal. Instead, he has brought an application, dated 11th February 2025, for review of the sentence of 10 years imprisonment, to a non-custodial sentence, on grounds that the period spent in custody was not factored in the sentence order. 3. Revision of an order or decision of a court, including sentence, is sought where the same is illegal, irregular and improper. I see nothing irregular or improper or incorrect about the sentence order. I do not think that there is any basis for interfering with it. 4. Secondly, the sentence was pronounced on 30th April 2019. The review or revision is being sought on 11th February 2025, some 6 years after the event. No time limit is set for revision, but since it is a post-judgement and sentence measure, it ought to be sought within reasonable time, close to what is provided for with respect to appeals, within 14 days. I see no explanation for the delay. 5. It would be advisable for the applicant to seek parole or clemency, from the Executive arm of government. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/15267/eng@2025-10-17 1
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6. The Deputy Registrar shall cause a certified copy of this ruling to be made available to the applicant, for information, through the officer commanding the prison where he is serving sentence. Orders accordingly. DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 17TH DAY OF OCTOBER 2025. W MUSYOKA JUDGE Mr. Arthur Etyang, Court Assistant. Mr. Chrispinus Budube, the applicant, in person. Advocates Mr. Tony Onanda, instructed by the Director of Public Prosecutions, for the Respondent. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/15267/eng@2025-10-17 2
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