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Original judgment

Lete Mwaiwe v Republic

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA HC MISC CRIMINAL APPLICATION NO. E 077 OF 2025 LETE MWAIWE…..……………………………………………….. APPLICANT VERSUS REPUBLIC…………………..…................. …............RESPONDENT RULING The applicant was convicted for the offence of murder on 28 th 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. 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 offence, home surroundings and extenuating circumstances in which the offence was committed. Further, the applicant avered that he has a young family living in destitution and that he is remorseful It is, however, the Court’s finding that it has no jurisdiction to sit on appeal in respect to a decision of another Judge of 1

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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 JUDGE 2

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