Daniel Kiprop Ndiema v Republic

Ndiema v Republic (Miscellaneous Criminal Application E001 of 2025) [2025] KEHC 17904 (KLR) (13 October 2025) (Ruling) Neutral citation: [2025] KEHC 17904 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA MISCELLANEOUS CRIMINAL APPLICATION E001 OF 2025 MS SHARIFF, J OCTOBER 13, 2025 BETWEEN DANIEL KIPROP NDIEMA ................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant Daniel Kiprop Ndiema was charged, tried and convicted of the ofience of defilement contrary to Section 8 (1) as read with 8 (3) of the Sexual Offences Act No. 3 of 2006, in Sirisia RM CR C (SO) No. 116/2017. He was then sentenced to serve 20 years imprisonment term. 2. Being dissatisfied with the decision of the trial court, the Applicant preferred an appeal in Bungoma HCCRA No. 51 of 2018, which was dismissed whereafter he escalated the matter to the Court of appeal vide Kisumu COA CR A No. 51 of 2018, which was dismissed whereafter he escalated the matter to the Court of Appeal vide Kisumu COA CR A No. 44 of 2019 which was also disallowed. 3. The Applicant has now moved this court under the provisions of Sections 327 (2), 362 & 346 of the Criminal Procedure code as read with article 50 (2) of the Constitution of Kenya 2010, and he craves for representing on grounds that he has been rehabilitated during his stay in custody and is now a reformed person. 4. I have duly considered the application herein and the affidavit sworn by the Applicant in support thereof and I do note that there exists no grounds for review of his sentence given that the same is statutory prescribed as has since been held by the Supreme Court of Kenya to be lawful in Petition No. 18 of 2023: Republic v Joshua Gichuki Mwangi & others. 5. This court is by virtue of article 163 (7) of the Constitution of Kenya bound by the said decision. 6. On the balance I do find that is devoid of merit and I therefore dismiss it in its entirety. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17904/eng@2025-10-13 1

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