Innocent Omache v Attorney General & 1 other

Omache v Attorney General & another (Criminal Petition E006 of 2026) [2026] KEHC 7186 (KLR) (25 May 2026) (Ruling) Neutral citation: [2026] KEHC 7186 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL PETITION E006 OF 2026 DR KAVEDZA, J MAY 25, 2026 BETWEEN INNOCENT OMACHE ......................................................................... PETITIONER AND ATTORNEY GENERAL ................................................................ 1ST RESPONDENT DIRECTOR OF PUBLIC PROSECUTIONS .............................. 2ND RESPONDENT RULING 1. The applicant was charged and convicted for the offence of robbery with violence contrary to section 296 of the Penal Code on count I and On Count II resisting arrest contrary to section 103 (a) of the National Police Service Act. He was sentenced to serve life imprisonment in Count I and Count II the ten (10) year sentence was held in abeyance. 2. He filed the present application and an affidavit in support of his motion seeking sentence review. The arguments raised are that he has undergone sufficient rehabilitation and qualifies for a non-custodial sentence. 3. I have considered the application, the grounds in support, and the applicable law. From the record of the trial court, the court considered the petitioner’s mitigation, the time spent in remand custody, the fact that the petitioner was a not a first-time offender, and had previous convictions on assault before sentencing. Having considered the petition in its totality. The sentence imposed was also legal in the circumstances of the case. 4. In my view of the foregoing, I find no good cause or reason to revise the sentence imposed by the trial court. The petition dismissed for lacking in merit. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 25TH DAY OF MAY, 2026. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7186/eng@2026-05-25 1

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