Nganga v Republic (Criminal Revision E103 of 2026) [2026] KEHC 10212 (KLR) (13 July 2026) (Ruling) Neutral citation: [2026] KEHC 10212 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION E103 OF 2026 DR KAVEDZA, J JULY 13, 2026 BETWEEN MICHAEL NJENGA NGANGA ............................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was jointly charged with another not before this court with four counts of ofiences namely; kidnapping with intent to confine contrary to Section 259 of the Penal Code, engaging in organized criminal activity contrary to Section 3 (g) of the Organized Crimes Act No. 5 of 2010, and assault causing actual bodily harm contrary to section 251 of the Penal Code. They also faced a charge of gang rape contrary to Section 10 of the Sexual Offences Act No. 3 of 2006 with an alternative Count of committing an indecent act with an adult contrary to Section 11 of the same Act. He was acquitted on count II and convicted on all other counts. He was sentenced to serve four years imprisonment in Count I, two years imprisonment in Count III, and ten years imprisonment in Count IV. The sentences were to run concurrently. 2. He filed an appeal challenging his conviction and sentence in Criminal Appeal No. 113 of 2023. On 2nd July 2024, the appeal was dismissed in its entirety. 3. He has filed the present undated application seeking sentence review. The applicant contends that he has been in custody for a considerable period, during which he has undergone rehabilitation. He states that he is genuinely remorseful for the ofience and has reformed. He therefore urges the Court to review the custodial sentence and allow him to serve the unexpired portion of the sentence through a noncustodial sentence. 4. I have considered the application, the grounds advanced in support thereof, the record of the trial court and the applicable law. The sentence imposed by the trial court was lawful and fell within the statutory https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10212/eng@2026-07-13 1
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framework governing the ofience. The period already served, remorse and alleged rehabilitation, without more, do not constitute sufficient grounds for interfering with a lawful sentence imposed for the ofience. 5. Accordingly, the application lacks merit and is hereby dismissed. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 13TH DAY OF JULY 2026 ________________ D. KAVEDZA JUDGE In the presence of: Applicant Present Mutuma for the Respondent Karimi Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10212/eng@2026-07-13 2
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