Wilfred Oncheku Onderi v Republic

Onderi v Republic (Criminal Revision 25 of 2026) [2026] KEHC 4728 (KLR) (9 April 2026) (Ruling) Neutral citation: [2026] KEHC 4728 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION 25 OF 2026 DR KAVEDZA, J APRIL 9, 2026 BETWEEN WILFRED ONCHEKU ONDERI ........................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. This file was opened for purposes of considering whether the convict Wilfred Oncheku Onderi is suitable for consideration of his sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022. 2. The applicant was charged with the ofience of Defilement Contrary to Section 8 (1) as read with 8(3) of the Sexual Offences Act No. 3 of 2006. He was sentenced to serve ten (10) years imprisonment. 3. I find that the trial court erroneous in sentencing. The law under Section 8 (3) provides for “A person who commits an ofience of defilement with a child between the age of twelve and fifteen years is liable upon conviction to imprisonment for a term of not less than twenty years.” From the records of the trial court the applicant was sentenced to 10 years imprisonment. 4. The sentence of 10 years is hereby quashed and set aside and I resentence him to serve twenty (20) years imprisonment. 5. I hereby find that the applicant is not eligible for early release under the decongestion program. The applicant is to serve the remainder of his sentence to completion. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 9TH APRIL 2026 D. KAVEDZA https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4728/eng@2026-04-09 1

page 1 of 2