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Original judgment

Julius Maumba Dzombo v The Republic

Dzombo v Republic (Criminal Miscellaneous Application E049 of 2024) [2026] KEHC 4513 (KLR) (29 January 2026) (Ruling) Neutral citation: [2026] KEHC 4513 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KWALE CRIMINAL MISCELLANEOUS APPLICATION E049 OF 2024 F ANDAYI, J JANUARY 29, 2026 BETWEEN JULIUS MAUMBA DZOMBO ................................................................. APPLICANT AND THE REPUBLIC ................................................................................... RESPONDENT RULING 1. The application dated 14th November 2025 is coming up on today 29th January 2026 for Ruling. The applicant prays for an order of review of his sentence passed by the magistrate's court. The lower court file has not been provided to this court and upon inquiry, the Court Administrator informs this court that the same is not immediately available and efiorts to trace it are being made. There are however typed proceedings which have been provided. Upon considering the said proceedings, I have found that they are incomplete because whereas the judgment of the lower court is available, the proceedings on sentence are not. It is therefore not possible for this court to know what sentence was passed upon the applicant. 2. The sentence of the lower court is material to the determination of the application. 3. Consequently, it is hereby ordered that the full Lower Court file or at least the sentence to be made available to this court. 4. The Deputy Registrar of this court to follow up on the matter. Mention on the 12 /2/2026. DELIVERED, DATED AND SIGNED ON THE VIRTUAL PLATFORM, MICROSOFT TEAMS, THIS 29TH DAY OF JANUARY 2026. In the presence of: The applicant in person from prison. Vallerie (Ms): Prosecution counsel Ummu (Ms): Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4513/eng@2026-01-29 1

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Signed by/for HON. JUSTICE ANDAYI W.F. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4513/eng@2026-01-29 2

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