Gikunju v Republic (Criminal Revision E059 of 2026) [2026] KEHC 6805 (KLR) (19 May 2026) (Ruling) Neutral citation: [2026] KEHC 6805 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION E059 OF 2026 DR KAVEDZA, J MAY 19, 2026 BETWEEN CHRISTINE WANJIRA GIKUNJU ....................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was jointly charged and after a full trial convicted with another not before this court with four counts of ofiencefour counts, namely: obtaining money by false pretences contrary to section 313 of the Penal Code; making a false document contrary to section 357(a) of the Penal Code; forgery of a stamp contrary to section 352A of the Penal Code; and personation contrary to section 382(1) of the Penal Code. 2. She was sentenced in Count I to pay a fine of Kshs. 5,000,000, in default to serve one and a half years’ imprisonment; and to two years’ imprisonment in each of Counts II, III and IV. The sentences were ordered to run consecutively. 3. Her appeal in Criminal Appeal No. E077 of 2025 partially succeeded. The sentence in Count I was varied to a fine of Kshs. 5,000,000, in default to serve twelve months’ imprisonment. The conviction and sentence in Count II were quashed and set aside, while the convictions and sentences in Counts III and IV were upheld. The sentence in Count I was ordered to run consecutively to the concurrent sentences imposed in Counts III and IV. 4. The applicant has filed present application dated 14th April 2026 seeking sentence review. The grounds raised are that the time spent in custody has been sufficient rehabilitation. She is remorseful for the ofience committed. She urged the court to revise the sentence to a non-custodial sentence. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6805/eng@2026-05-19 1
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5. From the record, the applicant filed an appeal against her conviction and sentence which was heard and determined by this court. This court is therefore functus officio. The right forum for the applicant is the Court of Appeal. 6. In the circumstances, the application is found to be lacking in merit and is hereby dismissed. RULING DATED AND DELIVERED VIRTUALLY THIS 19TH DAY OF MAY 2026 D. KAVEDZA JUDGE In the presence of: Applicant Present Mutuma for the Respondent Karimi Court Assistants. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6805/eng@2026-05-19 2
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