Hellen Wanja Muriithi v Republic

Muriithi v Republic (Criminal Revision E078 of 2026) [2026] KEHC 8237 (KLR) (11 June 2026) (Ruling) Neutral citation: [2026] KEHC 8237 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT EMBU CRIMINAL REVISION E078 OF 2026 RM MWONGO, J JUNE 11, 2026 BETWEEN HELLEN WANJA MURIITHI ................................................................ APPELLANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The court has perused the file. The trial Magistrate herein sentenced the offender to a probationary period of 3 months. She realized her mistake and explained to the offender that the matter can only be reviewed by the High Court. 2. Section 5 of the POO Act provides for probationary orders of a minimum period of 6 (six) months. Thus, there is an error which can be corrected or reviewed by the High Court. 3. Because of the prejudice that would be suffered by the offender in an increased probation sentence, the High Court is required to hear the offender upon review pursuant to sec 364 CPC. This has been done. 4. Accordingly, having explained the legal position and the error by the trial court, this court hereby revises the lower court's decision by substituting the probation sentence of 3 months with a probation sentence of 6 months. 5. Orders accordingly. 6. File closed. DELIVERED, DATED AND SIGNED AT EMBU HIGH COURT THIS 11TH DAY OF JUNE, 2026. R. MWONGO JUDGE Delivered in the presence of: https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8237/eng@2026-06-11 1

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