[2019] KEHC 5810 (KLR)
The High Court held that after pronouncing the substituted sentence of fifteen years imprisonment, it became functus officio and its mandate expired. Consequently, it lacked jurisdiction to grant the applicant's request to alter the commencement date of the sentence. Any further relief regarding the sentence could...
Source-derived case information.
- Citation
- [2019] KEHC 5810 (KLR)
- Parties
- Applicant: Boniface Mutua Wambua; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 21 of 2019
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Sentence Commencement Date
- Outcome
- application dismissed
- Judges
- LN Mutende
- Legal Topics
- Defilement Offence, Sentencing Principles, Jurisdiction of Court, Sexual Offences Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boniface Mutua Wambua
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Sentence Commencement Date
Legal Issues
- 1 Whether the High Court has jurisdiction to order that the applicant's sentence commence from the date of arrest after having already pronounced sentence.
- 2 Whether the High Court can alter the commencement date of a sentence after becoming functus officio.
Ratio Decidendi
The High Court held that after pronouncing the substituted sentence of fifteen years imprisonment, it became functus officio and its mandate expired. Consequently, it lacked jurisdiction to grant the applicant's request to alter the commencement date of the sentence. Any further relief regarding the sentence could only be sought before the Court of Appeal, where the applicant's second appeal was pending. The application was therefore dismissed for want of jurisdiction.
Court Disposition
application dismissed
Orders
- The application is dismissed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL MISC. APPLICATION NO. 21 OF 2019
BONIFACE MUTUA WAMBUA........APPLICANT
VERSUS
REPUBLIC........................................RESPONDENT
R U L I N G
1. Boniface Mutua Wambua,the Applicant was arraigned in Court for the offence of Defilementcontrary to Section 8(1)as read with Section 8(4)of the Sexual Offences Act.He was convicted and sentenced to 20 years imprisonment.He appealed against the decision of the first instance Court. This Court considered the Appeal, confirmed the conviction but set aside the sentence imposed and substituted it with fifteen (15) years imprisonment.Aggrieved, the Appellant filed a second Appeal to the Court of Appeal, a matter that is pending hearing.
2. By way of Chamber Summons dated 19th March, 2019he now seeks an order that the twenty (20) years imprisonmentmeted out by the trial Court do commence from the date of his arrest.
3. This Court became functus officioafter pronouncing the sentence of fifteen (15) years imprisonmentthat was to run from the date of conviction by the trial Court. This Courts mandate having expired, it cannot usurp the jurisdiction of the Court of Appeal.
4. Therefore, the Application is dismissed.
5. It is so ordered.
Dated, Signed and Delivered at Kitui this 19th day of June, 2019.
L. N. MUTENDE
JUDGE