Emily Waithira Githinji v Republic

Githinji v Republic (Criminal Revision E005 of 2026) [2026] KEHC 9999 (KLR) (9 July 2026) (Ruling) Neutral citation: [2026] KEHC 9999 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CRIMINAL REVISION E005 OF 2026 NM ORINA, J JULY 9, 2026 BETWEEN EMILY WAITHIRA GITHINJI ............................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT 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. She was convicted and sentenced to serve a custodial sentence of 20 years. This sentence runs from 13 October 2022. 2. The Applicant has now moved this court through an undated application seeking review of the sentence imposed by this Court on the grounds that she has regretted the ofience committed and consideration that she is mother whose children need her care. She also avers that her mother is elderly and sufiers from a chronic disease and also needs her care. No sentence review report was filed despite the directions of this court issued on 2 March 2026. 3. This court has examined the trial court record, the judgment and the sentence passed on the Applicant. It is noted from the record that the Court considered the mitigating factors and arrived at the sentence having considered the nature of the ofience and the need for a deterrent sentence that mirrors the seriousness of the ofience. This Court does not have jurisdiction to sit on appeal of that consideration as that is the role of the Court of Appeal. Furthermore, this court is not satisfied that there are any special circumstances in this application that may necessitate a reconsideration of the sentence passed. 4. Consequently, the application lacks merit and is hereby dismissed. RULING DATED AND DELIVERED VIRTUALLY THIS 9TH DAY OF JULY 2026 NABIL M. ORINA https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9999/eng@2026-07-09 1

page 1 of 2