REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU MISC. APPLICATION NO. E181 OF 2025 DENNIS KIPKORIR ……………………..APPLICANT CHIRCHIR…….. VERSUS REPUBLIC……………………………………………………….RESPOND ENT RULING 1. The Applicant’s undated notice of motion seeks review of his sentence, so that he serves a non-custodial sentence instead of the present custodial sentence. 2. The Applicant was convicted before the trial court on a charge of defilement and sentenced to life imprisonment. He appealed to the High Court and my brother Mwamuye J. on 3rd February, 2025 upheld the conviction but reduced the sentence to 30 years imprisonment. 3. The foregoing being the position, this court does not have the jurisdiction to review and/or alter the sentence imposed on appeal by a court of concurrent jurisdiction. The proper avenue for the Applicant to challenge the sentence is by an appeal to the Court of Appeal. 1|Page
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4. In light of the foregoing analysis and findings, the Court is not persuaded that the Applicant has established any sufficient basis to warrant the grant of the orders sought in the undated motion. The application lacks merit both in fact and in law and therefore fails. Consequently, the Applicant’s undated motion is hereby dismissed. 5. This file is hereby closed. DELIVERED (virtually), DATED & SIGNED this 26th day of May, 2026. JOE M. OMIDO. JUDGE APPLICANT: Present, virtually. FOR RESPONDENT: Ms. Muema. COURT ASSISTANTS: Mr. Ngoge & Mr. Juma. 2|Page
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