Matheri v Republic (Criminal Revision E202 of 2024) [2026] KEHC 6687 (KLR) (15 May 2026) (Ruling) Neutral citation: [2026] KEHC 6687 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI CRIMINAL REVISION E202 OF 2024 MA ODERO, J MAY 15, 2026 BETWEEN DUNCAN MAGU MATHERI ................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant Duncan Magu Matheri has filed an application seeking revision of his sentence. The Applicant had initially been charged with the ofience of Murder. However following a successful pleabargain agreement the charge was reduced to Manslaughter Contrary To Section 205 of the Penal Code. 2. The Applicant pleaded guilty to the charge of manslaughter and was sentenced to serve twenty (20) years imprisonment. The Applicant has now filed this application seeking a review of his sentence. The ODPP opposed this application for review of sentence. 3. The Power of the High Court to review sentences is set out in Section 362 of the Penal Code, Cap, 63 Laws of Kenya which provides as follows:“ The High Court may call for and examine the record of any criminal proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed and as to the regularity of any proceedings in any such subordinate court.” 4. The orders which the High Court may make upon revision are provided by Section 364 of the Penal Code. 5. I have carefully perused the record of the proceedings in the Lower https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6687/eng@2026-05-15 1
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Court. I am satisfied that the trial was properly conducted. The applicant entered a plea of guilty to the charge. The facts were read out and the applicant maintained his plea of Guilty. Therefore I find that the applicant was properly convicted. 6. I have perused the facts as read out in the trial court. The ofience was committed in pursuance of a Robbery. As such a deterrent sentence was called for. 7. Section 205 of the Penal Code provides for a maximum sentence of Life imprisonment. In this case the trial court imposed a sentence of twenty (20) years which in my view given the circumstances was appropriate. 8. Finally I find no merit in this application for review of sentence. The same is dismissed in its entirety and file is now closed. DATED IN NYERI THIS 15TH DAY OF MAY 2026. ......................... MAUREEN A. ODERO JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6687/eng@2026-05-15 2
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