Salim v Republic (Miscellaneous Criminal Application E006 of 2026) [2026] KEHC 7673 (KLR) (22 May 2026) (Ruling) Neutral citation: [2026] KEHC 7673 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT GARSEN MISCELLANEOUS CRIMINAL APPLICATION E006 OF 2026 JN NJAGI, J MAY 22, 2026 BETWEEN JAMAL AHMED SALIM ......................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant herein has filed a Notice of Motion application seeking for revision of his sentence of life imprisonment for the ofience of committing an indecent act with a child contrary to Section 11(1) of the Sexual Offences Act. No 3 of 2006. 2. The application is based on the grounds that he is now rehabilitated. He further seeks for a declaration that the exclusion of inmates serving long term imprisonment from benefiting from sentence review even after undergoing rehabilitation programs violates the constitutional rights to a fair trial and equal treatment under Article 27 and 50 of the Constitution of Kenya 2010. 3. The application was supported by an affidavit sworn by the Applicant in which he states that he was sentenced by a Lamu Magistrate’s Court to serve life imprisonment for the above stated ofience. That he made an appeal to the High Court at Garsen wherein the appeal was dismissed. That he made a second appeal to the Court of Appeal but the same was dismissed. 4. That having exhausted his right of appeal he has moved to this court seeking for review of the said sentence. 5. The Applicant says that he had been in custody for 8 years and has taken various vocational technical courses and religious training that has made him a responsible person. 6. I have considered the application. The Applicant made an appeal to the High Court and the same was unsuccessful. He made a second appeal to the Court of Appeal and the decision of the High Court https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7673/eng@2026-05-22 1
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was upheld. It would amount to an abuse of the process of the court for this court to review a sentence upheld by the Court of Appeal on grounds that the Applicant is fully reformed. The court can only intervene where there is new and compelling evidence for review. Consequently, I do not see any merit in the application. The application is not on that basis. 7. In view of the foregoing, the application is found to be without merit and is dismissed. DELIVERED, DATED AND SIGNED AT GARSEN THIS 22ND DAY OF MAY, 2026. J. N. NJAGI JUDGE In the presence of: Mr. Oluoch for Respondent Applicant: Present virtually at GK Prison Malindi Prison Court Assistant – Ms. Rahma https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7673/eng@2026-05-22 2
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