Wambui v Republic (Criminal Revision E172 of 2021) [2026] KEHC 11815 (KLR) (17 March 2026) (Judgment) Neutral citation: [2026] KEHC 11815 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI CRIMINAL REVISION E172 OF 2021 M MUYA, J MARCH 17, 2026 BETWEEN JOSEPH NDEGWA WAMBUI ................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT JUDGMENT 1. The applicant was charged with the ofience of defilement contrary to section 8(2) of the Sexual Ofences Act in Nyeri Sexual Ofiences Case No. 50 of 2014. 2. He was convicted and sentenced to a bail term of 50 years on 16th July, 2015. 3. Being dissatisfied with the trial court’s judgment and conviction he lodged an appeal No. HCRA. No. 50 of 2015 and his appeal on conviction and sentence was dismissed by the High Court. He maintains that he did not lodge an appeal in the Court of Appeal. 4. This application is brought under section 333(2) of the Criminal Procedure Code, he also raises the issue of re-sentencing placing reliance on the case of Machakos Petition No. E017 of 2021 Philip Mueke Maingi & 4 others vs. DPP & the AG. 5. The charges against the accused were that of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act No. 3 of 2006. 6. The particulars being that on the 14th day of December, 2014 at [Particulars withheld] village Nyeri county within the Republic of Kenya intentionally and unlawfully caused his genital organs namely Penis to penetrate genital organ namely Anus of JM a boy aged 12 years. Upon full hearing and determination, the accused was sentenced to 50 years’ imprisonment. 7. When the matter proceeded on appeal to the High Court, the appeal was found lacking in merit and it was disallowed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11815/eng@2026-03-17 1
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This finding was made by a competent court being the High Court. 8. It is noted that the State has no objection on the re-sentencing but my hands are tied as I do not have jurisdiction to entertain the application for review of sentence. However, under section 333 (2) of the CPC while sentencing, the court is required to bear in mind the period the accused was in remand. A perusal of the judgment and sentencing notes of the learned trial magistrate show that no consideration was taken of the period the accused was in remand. A perusal of the charge sheet shows that the accused was arraigned in court on 29th December, 2014 and convicted and sentenced on 16th July, 2015. The period from 29th December, 2014 to 16th July, 2015 to be deducted from the sentence period or term of 50 years. To that extend only does this appeal succeed. RULING READ AND DELIVERED VIRTUALLY THIS 17TH DAY OF MARCH, 2026. MARTIN M. MUYA JUDGE In the Presence of: Miss Kamiu for DPP Applicant - Present Kinyua - Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11815/eng@2026-03-17 2
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