High Court 10824 of 2026

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA MISC. CRIMINAL APPLICATION NO. E162 OF 2024 SAID EDWARD KAHINDI…………………..APPLICANT =VERSUS= REPUBLIC…………………….......................RESP ONDENT RULING 1) The applicant was convicted for the offence of defilement on 9th July, 2019 by Hon. Rita Amwayi, (SRM) and sentenced to serve 20 years imprisonment. The sentence, however, reduced to 15 years by Hon. Lady Justice Onginjo in HCCR Appl. No. 12/2023. 2) In the present application the applicant claims that he has suffered stroke in custody and that his wife and 4 children are suffering, He seeks to be placed on probation under section 4(2) of Probation Offender Act. 3) As sentence of the accused had already been revised by Hon. Lady Justice Onginjo, this court has no jurisdiction to further review jurisdiction. decision of a court of concurrent Doing so would be tantamount to sitting on appeal against decision of my sister Hon. Onginjo. 4) The applicant’s application is, therefore, dismissed for want of jurisdiction Dated, signed and delivered online via MS Teams this 17th day of June 2026. MOMBASA MISC. CRIMINAL APPLICATION NO. E162 OF 2024 (Said Edward Kahindi Vs. Republic) - Ruling 1

page 1 of 2