Miheso v Republic [2025] KEHC 10082 (KLR)

Miheso v Republic (Criminal Revision E050 of 2025) [2025] KEHC 10082 (KLR) (15 July 2025) (Ruling)

Neutral citation: [2025] KEHC 10082 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision E050 of 2025

DR Kavedza, J

July 15, 2025

Between

Allan Miheso

Applicant

and

Republic

Respondent

(Sentence review against the sentence imposed by the trial court on 5th February 2024 in Kibera Chief Magistrate’s Court Criminal Case No. E1245 of 2023 Republic vs Allan Miheso)

Ruling

1. The applicant was charged and after a full trial convicted for the offence of grievous harm contrary to section 234 of the Penal Code. He was sentenced to serve five (5) years imprisonment.

2. Aggrieved, the applicant filed the present undated application seeking a review of sentence. He contends that, the sentence serve has been sufficient rehabilitation. He prayed for a non-custodial sentence.

3. The Court called for a probation report, which was favourable. It noted that the applicant has served 1 year and 11 months and has a balance of 17 months.

4. Upon consideration of the favourable probation report, the Court finds the applicant eligible for a non-custodial sentence.

5. The five-year custodial sentence is hereby set aside and substituted with Community Service Order at West Maragoli Chief’s Camp for a period of eighteen (18) months. The applicant will be under the supervision of the Hamisi Sub-County Probation Officer.Orders accordingly.

Ruling dated and delivered virtually this 15th day of July 2025. .............................D. KAVEDZAJUDGE