Mricheni v Republic (Miscellaneous Criminal Application E152 of 2025) [2026] KEHC 8538 (KLR) (18 June 2026) (Ruling) Neutral citation: [2026] KEHC 8538 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA MISCELLANEOUS CRIMINAL APPLICATION E152 OF 2025 NM ORINA, J JUNE 18, 2026 BETWEEN NYAWA MWABUGU MRICHENI ......................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant was charged and convicted with the ofience of defilement contrary to Section 8(1) (2) of the Sexual Offences Act. He was sentenced to life imprisonment which was later reduced on appeal to a sentence of 25 years. He has now moved this court through an application dated 10 September 2025 seeking a reduction of the sentence of 25 years imposed by the High Court on appeal on the grounds that the same is harsh and excessive. 2. The Court has examined the record of the trial court as well as the judgment of the High Court rendered on 18 May 2023. It is noted that the Applicant challenged the sentence imposed by the trial court on the grounds that his mitigation was not considered. The High Court while noting that the Appellant had not ofiered any mitigation to be considered during sentencing, nevertheless reduced the life sentence to a determinate period of 25 years. 3. This Court does not have jurisdiction to review or sit on appeal of the determination of a court of concurrent jurisdiction. The Applicant’s remedy only lies In a further appeal if he wished to pursue the same. Consequently, the application lacks merit and is hereby dismissed. RULING DATED AND DELIVERED VIRTUALLY THIS 18TH DAY OF JUNE 2026 ............................. NABIL M. ORINA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8538/eng@2026-06-18 1
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