https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12534
The application was incompetent because the applicant had already exhausted the appellate process, and the High Court lacks jurisdiction under Article 165(6) to vary or alter a judgment of the Court of Appeal; accordingly, the court struck out the application.
Source-derived case information.
- Citation
- [2026] KEHC 12534 (KLR)
- Parties
- Applicant: JOHN MAINA NDIRANGU; Respondent: REPUBLIC
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E020 of 2026
- Procedural Posture
- High Court Criminal Revision / Ruling on Application After Dismissal of High Court Appeal and Court of Appeal Appeal
- Outcome
- Application struck out as a non-starter; no order as to costs.
- Judges
- ["MA Odero"]
- Legal Topics
- Pre Sentence Custody, Sentence Computation, Supervisory Jurisdiction, Finality of Appellate Judgments, Jurisdiction of the High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JOHN MAINA NDIRANGU
Applicant
REPUBLIC
Respondent
Procedural Posture
High Court Criminal Revision / Ruling on Application After Dismissal of High Court Appeal and Court of Appeal Appeal
Legal Issues
- 1 Whether the High Court can revisit and vary a sentence after the applicant has exhausted appellate remedies.
- 2 Whether the High Court has jurisdiction to alter the judgment of the Court of Appeal.
- 3 Whether pre-sentence custody can be factored into sentence through the present revision application.
Ratio Decidendi
The application was incompetent because the applicant had already exhausted the appellate process, and the High Court lacks jurisdiction under Article 165(6) to vary or alter a judgment of the Court of Appeal; accordingly, the court struck out the application.
Court Disposition
Application struck out as a non-starter; no order as to costs.
Orders
- Application struck out.
- No order as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA** **AT NYERI** **HIGH COURT CRIMINAL REVISION CASE NO. E020 OF 2026** **JOHN MAINA NDIRANGU…………….……………..…….APPLICANT** **-VERSUS-** **REPUBLIC……………………………………………….....RESPONDENT** **RULING** 1. The Applicant **JOHN MAINA NDIRANGU** has filed an application seeking to have the period which he spent in pre-sentence custody factored in his sentence. 2. This is a matter in which the applicant has exhausted all the avenues of appeal. The Applicant filed an appeal in the High Court being **HC CR Appeal No. 20 of 2017**. Vide a judgement delivered on **26th July 2017** the appeal was dismissed. 3. The applicant moved to the court of Appeal vide **Criminal Appeal No.1 24** **of 2017**. That appeal was also dismissed in its entirety vide the judgment delivered on **24th August 2023**. 4. **Article 165 (6)** of the **Constitution of Kenya 2010** provides that **“The High Court has supervisory jurisdiction over the Subordinate courts and over any person body or authority exercising a Judicial or quasi-judicial function but not over a superior court.”** **[Own emphasis]** 1. This Court cannot vary and/or alter the judgment of the court of Appeal. This application is therefore a non-starter and is hereby struck out. No orders on costs. **Dated in Nyeri this 31st day of July 2026.** **…………………….…** **MAUREEN A. ODERO** **JUDGE**