Mbito Njei Kibarua v Republic

Kibarua v Republic (Miscellaneous Criminal Application E123 of 2025) [2026] KEHC 8458 (KLR) (25 May 2026) (Ruling) Neutral citation: [2026] KEHC 8458 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA MISCELLANEOUS CRIMINAL APPLICATION E123 OF 2025 PK ROTICH, J MAY 25, 2026 BETWEEN MBITO NJEI KIBARUA .......................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was convicted for the ofience of murder on 28th November,2024 by Hon. Lady Justice Wendy Kagendo Mucheni in Mombasa High Court Criminal Cases No.8 of 2019 and sentenced on 13th March,2025 to serve 10 years imprisonment. In the sentence, the learned trial judge stated that she had taken into consideration the time the accused spent in custody and the lengthy trial. 2. In this matter, the applicant, nonetheless, still prays that the time he spent in custody be factored in his sentence as provided under section 333(1) of the criminal Procedure Code. He also prays this Court to place him under probation under section 4(1) of the Probation of Offenders Act taking into consideration the factors stipulated in Sentencing Policy Guidelines being age, character, antecedents and health conditions. Others are nature of ofience, home surroundings and extenuating circumstances in which the ofience was committed. Further, the applicant avered that he has a young family living in destitution and that he is remorseful 3. This Court, however, finds that it has no jurisdiction to sit on appeal in respect to a decision of another Judge of concurrent jurisdiction as requested by the applicant. To do so would be tantamount to sitting on appeal against the Judgement of my sister Hon. Lady Justice Wendy Kagendo Micheni. This matter is, therefore, struck out for want of jurisdiction. DATED, SIGNED AND VIRTUALLY DELIVERED VIDE MICROSOFT TEAMS THIS 25TH MAY,2026 HON. P.K. ROTICH https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8458/eng@2026-05-25 1

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