Joshua Ayaye v Republic

Ayaye v Republic (Criminal Revision E015 of 2025) [2026] KEHC 9509 (KLR) (26 June 2026) (Ruling) Neutral citation: [2026] KEHC 9509 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISII CRIMINAL REVISION E015 OF 2025 SIFUNA NIXON, J JUNE 26, 2026 BETWEEN JOSHUA AYAYE ........................................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. This is an Application for sentence review. The same is a Notice of Motion dated 11th July 2025. The Applicant Joshua Ayaye now serving sentence at Kisii GK Prison, is seeking a review of the sentence. He was an Accused in Ogembo PM’S Court Criminal Case No. E348 OF 2024, where he was charged with the offence of Assault Causing Actual Bodily Harm contrary to Section 251 of the Penal Code (Cap 63 Laws of Kenya. He was convicted of the offence and sentenced to three years imprisonment. Which sentence was imposed on 29th May 2025, by Hon P.C Biwott (Chief Magistrate). 2. The Applicant is by this Application seeking a review of that sentence. In his grounds he states that he is a first offender; that he has since reformed; that he is socially re-adopted. Hence that he is not dangerous to the community; that he has during this term he has in prison embraced Christianity and discovered that his calling is to be an evangelist. 3. At the hearing, the prosecutor has stated the state does not oppose the Application; and that he leaves it to court to exercise its discretion. Determination 4. Upon considering the Application, I find that it has merit. Hence I hereby allowed it. In terms that the sentence imposed on the Applicant, and which he is currently serving, is hereby reviewed. 5. The sentence is hereby reviewed from three years imprisonment, to 15 months imprisonment, with effect from 29th May 2025 the date when it was imposed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9509/eng@2026-06-26 1

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