Kamundi v Republic (Criminal Revision E075 of 2025) [2026] KEHC 9360 (KLR) (25 June 2026) (Ruling) Neutral citation: [2026] KEHC 9360 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT CHUKA CRIMINAL REVISION E075 OF 2025 RL KORIR, J JUNE 25, 2026 BETWEEN LUCY KAGENDO KAMUNDI .............................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. Lucy Kagendo (Applicant) was charged in CMCC No. 1268 of 2019 with the offence of grievous harm contrary to section 234 of the Penal Code. She was tried and convicted by Hon. Gandani J. (then C.M) and was sentenced to serve 3 years’ imprisonment. 2. The Applicant has now filed the present undated Application seeking review of her sentence and to be granted a non-custodial sentence. 3. The Applicant’s case as set out on the grounds and her supporting affidavit is that she was a first offender, a mother of three; a sole bread winner; and a widow and an orphan. She further stated that she was also sickly and her children had dropped out of school. That as a result of the cumulative circumstances above, she would benefit from a non-custodial sentence for the balance of her term. 4. The Respondent opposed the Application on the grounds that the sentence was legal, just and fair. That it was lenient in the circumstances of the case. 5. I have considered the Application. The legal foundation of this court’s powers on review found in Article 165 of the Constitution which provides:“ (6) The High Court has supervisory jurisdiction over the subordinate courts and over any person, body or authority exercising a judicial or quasi-judicial function, but not over a superior court. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9360/eng@2026-06-25 1
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(7) 6. Section 362 of the Criminal Procedure Code provides:“ 362. 7. For the purposes of clause (6), the High Court may call for the record of any proceedings before any subordinate court or person, body or authority referred to in clause (6), and may make any order or give any direction it considers appropriate to ensure the fair administration of justice.” The High Court may call for and examine the record of any criminal proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of any such subordinate court.” In this case I called for the trial record. Prima facie there was nothing irregular in the proceedings. Further the sentence was well within the provision of the penalty provided under section 234 of the Penal Code which provides:“ Any person who unlawfully does grievous harm to another is guilt of a felony and is liable to imprisonment for life.” 8. The victim of the offence was the Applicant’s sister. The record shows that she was now deceased (owing to causes unrelated to this case) and was survived ty her children who needed care. The record also shows that the family had forgiven the Applicant. On her part she has, after serving half her jail term, become remorseful and pleaded the case for the care of her distraught children. 9. I consider this case fit for variation of the sentence from custodial to non-custodial. The Applicant is released from prison custody to serve the remainder of her 3-year sentence on probation. Orders accordingly. RULING DELIVERED, DATED AND SIGNED AT CHUKA THIS 25TH DAY OF JUNE, 2026. .......................... R. LAGAT - KORIR JUDGE Ruling delivered in the presence of Applicant acting in person, Ms Rukunga for the Republic. Muriuki Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9360/eng@2026-06-25 2
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