REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII MISCELLANEOUS CRIMINAL APPLICATION NO. E094 OF 2025 WILFRED OGEMBO OMURWA………………. ……………….APPLICANT =VERSUS= REPUBLIC....................................................................... .....RESPONDENT RULING 1) This is an Application for sentence review. The same is a Notice of Motion dated 7th November 2025. The Applicant WILFRED OGEMBO OMURWA 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. E1394 OF 2024, where he was charged with the offence of Stealing contrary to Section 268 as read with Section 271 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 18th November 2024, 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, and has during this term he has in prison undertaken some courses in bible studies. At the hearing of this Application, he has stated that he has a family, with a young child who is sickly. KISII HC Misc Criminal Application No. E094 of 2025 1
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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, the grounds advanced in support, as well as the response by the State, 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 16 months imprisonment, with effect from 18 th November 2024 the date when it was imposed. 6) It is so ordered. DATED and DELIVERED at KISII on this 26 th day of June 2026. PROF (DR) NIXON SIFUNA JUDGE KISII HC Misc Criminal Application No. E094 of 2025 2
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