Simon Kipkurui Kimori v Republic

Kimori v Republic (Miscellaneous Criminal Application E007 of 2026) [2026] KEHC 5923 (KLR) (23 April 2026) (Ruling) Neutral citation: [2026] KEHC 5923 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MACHAKOS MISCELLANEOUS CRIMINAL APPLICATION E007 OF 2026 EN MAINA, J APRIL 23, 2026 BETWEEN SIMON KIPKURUI KIMORI ................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The application is not merited. The Applicant appealed to the High Court and the appeal was dismissed and the sentence of the lower court was upheld. This court has no jurisdiction to either review or set aside a judgment of a court of concurrent jurisdiction. The Applicant’s recourse lies in an appeal or application for review to the Court of Appeal. 2. Moreover, the sentences in the Sexual Offences Act are minimum sentences which this court has no jurisdiction to reduce – see the case of Republic v Julius Kitsao Manyeso (Petition E013 of 2024) [2025] KESC 16 (KLR) (11 April 2025) (Judgment). 3. The application is therefore dismissed. 4. Case closed. RULING SIGNED, DATED AND DELIVERED VIRTUALLY ON THIS 23RD DAY OF APRIL 2026. E. N. MAINA JUDGE In the presence of: Mr. Masila for the State Applicant in person at Kamiti Prison https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5923/eng@2026-04-23 1

page 1 of 2