Republic v Eguar & another (Revision Case E073 of 2025) [2025] KEHC 19500 (KLR) (3 November 2025) (Ruling) Neutral citation: [2025] KEHC 19500 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT LODWAR REVISION CASE E073 OF 2025 PJO OTIENO, J NOVEMBER 3, 2025 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND DISMAS EGUAR ..................................................................................... 1ST ACCUSED FREDRICK EJIGON ............................................................................. 2ND ACCUSED RULING 1. The lower court file has been placed before the court pursuant to the notice of motion filed in court on the 23/9/2025. The motion seeks that the applicant’s sentences be revised downwards and substituted with a more lenient sentence. The reasons advanced to attract leniency are given to be that have leant life skills in prison and are ready to reintegrate into society. 2. The court has perused the record at trial in line with the law under which the two applicants were charged and convicted and it is satisfied that the sentences meted to the two were indeed modest and lenient. There is nothing incorrect, irregular or illegal about the sentence. 3. The other reason the court would be entitled to intervene is for purposes of structured decongestion of correctional facilities. However that is only available if the sentence meted was less than three years or where the sentence was longer but the remainder of the term is now less than three years. That does not appertain here. 4. The court, however, notes that the sentences were to run concurrently but the committal warrants did not capture that aspect. The court corrects that error and directs that the warrants of committal be rectified to read as appropriate. 5. Otherwise, the court finds no merit in the application and declines to grant the orders sought. 6. It is so ordered. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19500/eng@2025-11-03 1
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7. Let the court file be closed. DATED, SIGNED AND DELIVERED THIS 3RD DAY OF NOVEMBER, 2025. PATRICK J O OTIENO JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19500/eng@2025-11-03 2
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