Keya v Republic (Miscellaneous Criminal Application E164 of 2025) [2026] KEHC 1441 (KLR) (11 February 2026) (Ruling)

REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET MISC CRIMINAL APPLICATION NO E164 OF 2025 ANTHONY AGESA KEYA….. ……………………………………………….APPLICANT VERSUS REPUBLIC…….…………………………………………………………….RESPONDENT Coram: Before Justice R. Nyakundi M/s Sidi Kirenge for the State RULING 1. Before this court is an application by the Applicant dated 25th day of November 2025 seeking the following orders: a. Spent. b. That I am seeking orders for reduction of my sentence to a lesser term. c. That, the petitioner is seeking for sentence review as under Article 50(2)(p), 165(3)(a)(b) & 258(1) of the constitution of Kenya 2010. d. That the applicant begs to be present during the hearing and final determination of this application. 2. In support of the application is the supporting affidavit of the Applicant who deponed as follows: a. That I am a male adult of sound mind versed with the fact of this matter and hence competent to swear this affidavit. b. That I was charged, tried, convicted and sentenced to serve 30 years’ imprisonment for the offence of defilement contrary to Section 8(1) as read with section 8(2) of the Sexual Offences Act No. 3 of 2006 at Eldoret CM’s court by Hon. Odenyo (SPM). MISC CRIMINAL APPLICATION NO E164 OF 1 2025 c. That I am first offender, remorseful, repentant and reformed and rehabilitated person and I have learned a lot in prison and pray to be allowed by the honorable court to play role model in the society. d. That during my time in prison I have gone through theological and social programs which have rehabilitated me. e. That may this honorable court be pleased to grant me a fair opportunity to argue my petition before the court. Decision 3. In this matter, the offence is punishable by life imprisonment. I therefore put the Applicant on notice that, by dint of the law, even the sentence being advanced before this Court is liable to review upwards, as guided by the Supreme Court in the Kitsao Mangeso case. Consequently, any such application relating to sentence is moot and is hereby dismissed under section 382 of the Criminal Procedure Code. It is so ordered. DATED, SIGNED AND DELIVERED AT ELDORET THIS 11TH DAY OF FEBRUARY 2026 …………………………………………. R. NYAKUNDI JUDGE MISC CRIMINAL APPLICATION NO E164 OF 2 2025