Mwingu Kasiku Mwingo v Republic

Mwingo v Republic (Miscellaneous Criminal Application E127 of 2025) [2026] KEHC 10610 (KLR) (16 June 2026) (Ruling) Neutral citation: [2026] KEHC 10610 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA MISCELLANEOUS CRIMINAL APPLICATION E127 OF 2025 PK ROTICH, J JUNE 16, 2026 BETWEEN MWINGU KASIKU MWINGO .............................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. Applicant convicted and sentenced for the offence of murder in Mombasa HC Criminal Case No. 8 of 2019 by Hon. Lady Justice Wendy Kagendo Micheni on 18th March, 2025 and sentenced to serve 10 years imprisonment. 2. In this application, the applicant avers the period he spent in custody was not factored in the sentence by the by Honourable trial judge as provided under Section 333 (2) of the Criminal Procedure Code. He prays that the same be considered. He also pray to be placed under probation pursuant Clause 9.3 of the Sentencing Policy Guidelines taking into consideration his age, character, antecedents, health and mental condition of the offender, nature of offence and the extenuating factors in which the offence was committed. 3. This court has no jurisdiction to review the orders of a court of concurrent jurisdiction. Doing so would be tantamount to sitting on appeal against the orders of my sister Lady Justice Wendy Michei Kagendo. 4. The matter is, therefore, dismissed for want of jurisdiction DATED, SIGNED AND DELIVERED AT ONLINE VIA MS TEAMS THIS 16TH DAY OF JUNE 2026. HON. P. K. ROTICH JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10610/eng@2026-06-16 1

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