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Original judgment

Stephen Mwaura Jambi v Republic

Jambi v Republic (Criminal Revision E008 of 2024) [2025] KEHC 19018 (KLR) (18 December 2025) (Ruling) Neutral citation: [2025] KEHC 19018 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MURANG'A CRIMINAL REVISION E008 OF 2024 TW OUYA, J DECEMBER 18, 2025 BETWEEN STEPHEN MWAURA JAMBI ................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. By a Chamber Summons Application filed in court on 16th January 2024, the Applicant moved this honourable court seeking this honourable court to exercise its revisionary powers to order that the sentence meted against the Applicant downwards or a more lenient sentence. 2. The application was brought on grounds that the applicant had been arrested and arraigned in court on 29th June 2023 where he was charged with the offence of threatening to kill contrary to section 223(1) of the Penal Code. He was convicted on his plea of guilty whereupon he was sentenced to two (2) years imprisonment on 6th July 2023. 3. The appellant has made this application on the bases that he is a first offender; he pleaded guilty at the first instance without wasting court time and that he has served a substantial part of the sentence. He also urged the court to take into account that he is a person living with disability. 4. The applicant has therefore moved this honorable court seeking that the period spent in custody prior to sentencing ought to have been taken into account when computing the sentence period. 5. In response the application, Counsel P Mwangi submitted orally that the Applicant was sentenced to serve two years on 6th July 2023 and that by the date of this hearing he most likely has completed the sentence. 6. This court takes note that the position taken by the state is factual and that it is regrettable that the system did not fast- track this application for the applicant to benefit from the fruits thereof. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19018/eng@2025-12-18 1

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7. The court finds that this application is overtaken by virtue of the Applicant having served the full sentence of two years taking into account remission. DATED, SIGNED AND DELIVERED PHYSICALLY THIS 18TH DAY OF DECEMBER, 2025. HON. T. W. OUYA JUDGE For Applicant…….No Appearance For Respondent……Muindi for state Court Assistant……Brian https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19018/eng@2025-12-18 2

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