Mwazo v Republic (Miscellaneous Criminal Application E151 of 2025) [2026] KEHC 8469 (KLR) (18 June 2026) (Ruling) Neutral citation: [2026] KEHC 8469 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA MISCELLANEOUS CRIMINAL APPLICATION E151 OF 2025 NM ORINA, J JUNE 18, 2026 BETWEEN JIMMY MWAZO ....................................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged and convicted with the ofience of defilement contrary to section 8(1) as read together with section 8(2) of the Sexual Offences Act. He was sentenced to life imprisonment which was later reduced on appeal to a sentence of 35 years. He has now moved this court through an application dated 10 September 2025 seeking a further review of sentence. 2. The applicant avers that the application is brought pursuant to the Supreme Court determination in Republic v Julius Kitsao Manyeso to have the issue of the mandatory nature of the relevant penal law addressed. The applicant further avers that even though he has previously appealed to the High Court, he didn’t raise the issue of the sentence. 3. The court has examined the record of the trial court as well as the judgment of the High Court rendered on 7 June 2019. The court also notes that the applicant preferred a second appeal to the Court of Appeal and judgement was rendered on 26 May 2023. The High Court considered his appeal and set aside the sentence of life imprisonment and substituted it with a sentence of 35 years imprisonment. The applicant has concealed these facts from his application. 4. The court has also considered the decision of the Supreme Court in Republic v Julius Kitsao Manyeso where the Supreme Court determined that the life imprisonment sentence under section 8(1) of the Sexual Offences Act remains lawful. The Supreme Court further faulted the Court of Appeal in that matter for delving into the question of the constitutionality of the life sentence when the same had not https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8469/eng@2026-06-18 1
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been raised before the High Court and cascaded upwards. Considering this understanding, this court is at a loss as to what the basis of the instant application is. 5. The application before the court is an application for review of a sentence which has been reviewed by a court of concurrent jurisdiction. To that extent the same is an abuse of the court process and it cannot be entertained. The applicant does not have the liberty to come back to the High Court as many times as he wishes for reconsideration of his sentence. The High Court already reduced the sentence from life imprisonment to 35 years. That determination remains and this court is bereft of jurisdiction to disturb it. The application is without merit and the same is struck out. RULING DATED AND DELIVERED VIRTUALLY THIS 18TH DAY OF JUNE, 2026. ...................................... NABIL M. ORINA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8469/eng@2026-06-18 2
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