Ndoro v Republic (Criminal Miscellaneous Application E046 of 2025) [2026] KEHC 4544 (KLR) (29 January 2026) (Ruling) Neutral citation: [2026] KEHC 4544 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KWALE CRIMINAL MISCELLANEOUS APPLICATION E046 OF 2025 F ANDAYI, J JANUARY 29, 2026 BETWEEN CHAKA NDORO ..................................................................................... APPLICANT AND THE REPUBLIC ................................................................................... RESPONDENT RULING 1. The undated application herein supported by the affidavit of the applicant Chaka Ndoro is coming up on 29th January 2026 for Ruling. The applicant prays for an order of review of his sentence passed by the Magistrate's Court. The grounds in support of his application as expounded in the supporting affidavit are that: 1. The applicant was charged for the ofience of defilement contrary to section 8 (1) as read with section 8 (3) of the Sexual Offences Act (cap. 63A) Laws of Kenya. He was subsequently convicted and sentenced to serve twenty (20) years' imprisonment. 2. He neither appealed to this court against the conviction nor the sentence and therefore has no other pending matter within the courts besides this application. 3. The trial court failed to compute the period he spent in remand custody into his sentence at the time the same was passed. 2. His prayer is therefore, that this court revises the sentence of the lower court to take into account the period he spent in remand custody prior to sentencing pursuant to the provisions of section 333(2) of the Criminal Procedure Code (cap. 75) Laws of Kenya. 3. I have perused the application and I note that 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. It is therefore not possible for this court to know whether https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4544/eng@2026-01-29 1
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or not indeed the applicant spent some time in remand custody during the hearing of his case, the period so spent if at all and if he did, whether or not the trial court took the said period into account while passing the sentence. 4. The proceedings of the Lower Court on sentence are therefore material to the determination of the application. 5. Consequently, it is hereby ordered that the Lower Court file or at least the proceedings on sentence to be made available to this court. 6. 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. HON. JUSTICE ANDAYI W. F. JUDGE In the presence of: The applicant in person from Manyani prison. Vallerie (Ms): Prosecution counsel. Ummu (Ms): Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4544/eng@2026-01-29 2
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