Adow v Republic (Miscellaneous Criminal Application E044 of 2025) [2025] KEHC 18482 (KLR) (15 December 2025) (Ruling)
Neutral citation:
[2025] KEHC 18482 (KLR)
Republic of Kenya
Miscellaneous Criminal Application E044 of 2025
JN Onyiego, J
December 15, 2025
Between
Salim Abdi Adow
Applicant
and
Republic
Respondent
(Being revision application against the sentence of Hon. R. Aganyo (PM) dated 8th July 2025 in Wajir PM’s Court Criminal Case No. E024 of 2025)
Ruling
1.The applicant was charged with the offence of being found in possession of cannabis sativa ((bhang) contrary to Section 3(1) as read with Section 3 (2) of the Narcotic drugs and psychotropic substances Amendment Act of 2022. Particulars states that on 20th day of January 2025, at Baraza park location, Wajir east sub-county within Wajir County, he was found in possession of cannabis sativa (bhang) to wit twenty- seven (27) Sachets of street value kshs 2,700 and not prepared in medicinal form.
2.Having denied the charge, the matter proceeded to full trial. At the conclusion of the hearing, he was convicted and subsequently sentenced to serve 3 years.
3.He has now moved to this court vide an undated application seeking review of sentence on grounds that he pleaded guilty; he is remorseful; he has since reformed; he did not give proper mitigation and that he has three children who depend on him.
4.In response, the prosecution opposed the application asserting that the sentence is legal and appropriate.
5.I have considered the application herein and the response thereof. The law governing revision in a criminal case is captured under Section 362 and 364 of the CPC. Section 362 and 364 provides as follows;
3.Where the sentence dealt with under this section has been passed by a subordinate court, the High Court shall not inflict a greater punishment for the offence which in the opinion of the High Court the accused has committed than might have been inflicted by the court which imposed the sentence.(4)Nothing in this section shall be deemed to authorize the High Court to convert a finding of acquittal into one of conviction.(5)When an appeal lies from a finding, sentence or order, and no appeal is brought, no proceeding by way of revision shall be entertained at the insistence of the party who could have appealed.
6.It is clear from the above provisions that an application for review of sentence can be entertained only for purposes of the court satisfying itself as to the correctness, legality or propriety of the proceedings. Section 364(5) of the CPC is emphatic that no application for revision should be entertained where an appeal lies from a sentence or order. This position was espoused in Criminal Revision number 194 of 2023 Kisii High court in the case of Barongo Sianyo Atembe vs Republic.
7.The court is being asked for leniency and mercy. The applicant is not claiming any wrong doing or error committed by the trial court. It is trite that sentencing is at the discretion of the trial court. There is no ground for this court to exercise revision of sentence. In my view the applicant is trying luck from the court. I do agree with the prosecution that the application is devoid of merit hence dismissed.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 15TH DAY OF DECEMBER, 2025........................J.N.ONYIEGOJUDGE