Henry Shume Mwasambu v Republic

Mwasambu v Republic (Miscellaneous Criminal Application E154 of 2025) [2026] KEHC 9447 (KLR) (2 July 2026) (Ruling) Neutral citation: [2026] KEHC 9447 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA MISCELLANEOUS CRIMINAL APPLICATION E154 OF 2025 NM ORINA, J JULY 2, 2026 BETWEEN HENRY SHUME MWASAMBU .............................................................. APPLICANT AND REPUBLIC .................................................................................................... REPUBLIC RULING 1. The Applicant was charged with the ofience of murder contrary to Section 203 of the Penal Code as read together with Section 204 of the Penal Code. He was convicted and sentenced to serve a custodial sentence of 20 years imprisonment which was to run from 8 September 2022 when he was first arraigned in court. He has now moved this court through an application dated 15 September 2025 seeking revision of the sentence on the grounds that the sentence is too steep taking into account his age and life expectancy. 2. The Court has examined the record of the trial court as well as the judgment rendered on 23 May 2024 as well as the sentencing dated 12 June 2024. The trial court considered the severity of the ofience in passing the sentence which, in the circumstances, the trial court exercised its discretion to impose. 3. The High Court’s powers of revision are exercised pursuant to Sections 362 and 364 of the Criminal Procedure Code. This power is exercised in respect of subordinate courts and not decisions of courts of concurrent jurisdiction. This court does not have jurisdiction to review its own sentences. That is the role of the Court of Appeal. 4. In any case, the Applicant seeks review of sentence on account of his age and life expectancy. In passing the sentence of 20 years, the trial court took into account all the relevant factors including mitigation. The court was also aware of the Applicant’s age. The application is dismissed. RULING DATED AND DELIVERED VIRTUALLY THIS 2ND DAY OF JULY 2026 NABIL M. ORINA https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9447/eng@2026-07-02 1

page 1 of 2