Samuel Hwuai Maina v Republic

Maina v Republic (Miscellaneous Criminal Application E162 of 2025) [2025] KEHC 16878 (KLR) (17 November 2025) (Ruling) Neutral citation: [2025] KEHC 16878 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E162 OF 2025 DR KAVEDZA, J NOVEMBER 17, 2025 BETWEEN SAMUEL HWUAI MAINA ..................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged and, after a full trial, convicted by the Subordinate Court of the ofience of defilement contrary to section 8(1) as read with 8(4) of the Sexual Offences Act No. 3 of 2006. He was sentenced to serve twenty-five (25) years' imprisonment. His appeal in Criminal Appeal No. E035 of 2024 was dismissed on 20th May 2025. 2. The applicant has filed the application seeking sentence review. The grounds raised are that the time spent in custody has been sufficient rehabilitation. He 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 17TH DAY OF NOVEMBER 2025 D. KAVEDZA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16878/eng@2025-11-17 1