High Court 8064 of 2026

SN v Republic (Criminal Revision E014 of 2026) [2026] KEHC 8064 (KLR) (5 June 2026) (Ruling) Neutral citation: [2026] KEHC 8064 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CRIMINAL REVISION E014 OF 2026 A MABEYA, J JUNE 5, 2026 BETWEEN SN ................................................................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. On 4/6/2026, this Court was writing a Judgment in HCCRA No. E051 of 2026 Moses Matete Vs Republic. In that appeal, the appellant had been charged together with one SN in Nyando Criminal Case No. 456 of 2024. 2. Both the appellant in that appeal and SN pleaded guilty and were convicted accordingly. This court is not aware whether the said SN who was sentenced to 20 years’ imprisonment appealed the said decision or not. 3. I have looked at the charge sheet dated 19/6/2024. The same indicates that the said SN was aged 17 years as at the date of being arraigned in Court, convicted and sentenced to 20 years’ imprisonment. If the charge sheet was correct as to the age of the said SN then there may have been a miscarriage of justice. 4. Accordingly, I exercise my jurisdiction under section 362 of the Criminal Procedure Act and call for the original record in Nyando Criminal Case No. 456 of 2024 R vs SN & Another to satisfy myself as to the legality or otherwise of the proceedings and orders of 19/6/2024. 5. Section 362 of the Criminal Procedure Act provides: “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 of any such subordinate court.” https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8064/eng@2026-06-05 1

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