Samuel Mburu Njogu v Republic

Njogu v Republic (Criminal Miscellaneous Application E235 of 2024) [2026] KEHC 10040 (KLR) (7 July 2026) (Ruling) Neutral citation: [2026] KEHC 10040 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU CRIMINAL MISCELLANEOUS APPLICATION E235 OF 2024 JM NANG'EA, J JULY 7, 2026 BETWEEN SAMUEL MBURU NJOGU ..................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant brings an undated Chamber Summons dated 19/12/2024. The Summons does not specify revision orders sought but it appears from grounds stated on the body of the Summons that the Applicant seeks substitution of his custodial sentence of 15 years imprisonment for defilement with a non- custodial sentence. He laments that he has fallen sick in prison. 2. The Prosecuting Counsel in his reply submissions seems to have misunderstood the Application, responding as if the Applicant invokes the provisions of Section 333(1) of the Criminal Procedure Code to pray that the period he was in custody awaiting trial be taken into account in his sentencing. 3. The Application is further supported by a purported affidavit that is not signed and/or witnessed by a Commissioner for Oaths as required in law. On this ground as well, the application is defective. Besides, the Court has no jurisdiction to interfere with minimum sentences prescribed under the Sexual Offences Act No. 3 of 2006. 4. The Application is in the premises dismissed. RULING DELIVERED VIRTUALLY THIS 7TH DAY OF JULY, 2026. J. M. NANG’EA, JUDGE. In the presence of: The Prosecution Counsel, Mr Wakasyaka. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10040/eng@2026-07-07 1

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