https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7155
The application was dismissed because the applicant had already appealed against the same conviction and sentence, and the High Court had determined that appeal. The court was therefore functus officio and lacked jurisdiction to conduct a sentence review; any further recourse lay in the Court of Appeal.
Source-derived case information.
- Citation
- [2026] KEHC 7155 (KLR)
- Parties
- Applicant: Gedion Kariuki Macharia; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E032 of 2026
- Procedural Posture
- Criminal Revision / Sentence Review Application After Dismissed Appeal
- Outcome
- Application dismissed.
- Judges
- ["DR Kavedza"]
- Legal Topics
- Stealing of Motor Vehicle, Sentence Review, Functus Officio, Revision Jurisdiction, Custodial Sentence, Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Gedion Kariuki Macharia
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Application After Dismissed Appeal
Legal Issues
- 1 Whether the High Court had jurisdiction to entertain a sentence review application after dismissing the applicant’s appeal
- 2 Whether the applicant raised grounds sufficient to justify revision of the custodial sentence
Ratio Decidendi
The application was dismissed because the applicant had already appealed against the same conviction and sentence, and the High Court had determined that appeal. The court was therefore functus officio and lacked jurisdiction to conduct a sentence review; any further recourse lay in the Court of Appeal.
Court Disposition
Application dismissed.
Orders
- The sentence review application dated 26th March 2026 is dismissed for lack of merit.
Full Case Text
Judgment text and source record
1 paragraphs
Macharia v Republic (Criminal Revision E032 of 2026) [2026] KEHC 7155 (KLR) (20 May 2026) (Ruling) Neutral citation: [2026] KEHC 7155 (KLR) Republic of Kenya In the High Court at Kibera Criminal Revision E032 of 2026 DR Kavedza, J May 20, 2026 Between Gedion Kariuki Macharia Applicant and Republic Respondent Ruling 1.The applicant was charged and convicted for the offence of full trial convicted on the offence of stealing a motor vehicle contrary to section 268(1) as read with section 278A of the Penal Code. He was sentenced to serve six (6) years imprisonment. 2.He filed an appeal challenging his conviction and sentence in Criminal Appeal No. E134 of 2024. On 30th June 2025, this court dismissed his appeal in its entirety. 3.The applicant has filed present application dated 26th March 2026 seeking sentence review. The grounds raised are that the time spent in custody has been sufficient rehabilitation. He has less than less than three (3) years left on his sentence and the court should consider him for the prison decongestion exercise. He is remorseful for the offence committed. He urged the court to revise the sentence to a non-custodial sentence. 4.From the record, the applicant filed an appeal against his conviction and sentence which was heard and determined by this court. This court is therefore functus officio. The right forum for the applicant is the court of Appeal. 5.In the circumstances, the application is found to be lacking in merit and is hereby dismissed. RULING DATED AND DELIVERED VIRTUALLY THIS 20TH DAY OF MAY, 2026.D. KAVEDZAJUDGE