[2022] KEHC 2772 (KLR)
The High Court held that it lacks jurisdiction to revise or reopen a sentence after the Court of Appeal has rendered its final decision. The applicant's reliance on the Muruatetu decision was misplaced, as that decision does not confer upon the High Court the authority to revisit sentences that have already been...
Source-derived case information.
- Citation
- [2022] KEHC 2772 (KLR)
- Parties
- Applicant: Joseph Ekiru alias Maji Lokipi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Appeal 6 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application to Revise Sentence After Exhaustion of Appeals
- Outcome
- application dismissed
- Judges
- LK Kimaru
- Legal Topics
- Sentence Revision, Remand Custody Credit, Jurisdiction After Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Ekiru alias Maji Lokipi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application to Revise Sentence After Exhaustion of Appeals
Legal Issues
- 1 Whether the High Court has jurisdiction to revise a sentence after the Court of Appeal has rendered its final decision.
- 2 Whether the period spent in remand custody prior to conviction should be taken into account in the applicant's sentence.
Ratio Decidendi
The High Court held that it lacks jurisdiction to revise or reopen a sentence after the Court of Appeal has rendered its final decision. The applicant's reliance on the Muruatetu decision was misplaced, as that decision does not confer upon the High Court the authority to revisit sentences that have already been considered and finally determined by the Court of Appeal. The absence of the trial court's file and lack of evidence regarding the period spent in remand custody further undermined the applicant's case. Consequently, the application was found to lack merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application to revise the sentence is dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITALE
MISC. CRIMINAL APP. NO. 6 OF 2021
JOSEPH EKIRU ALIAS MAJI LOKIPI....APPLICANT
VERSUS
REPUBLIC...............................................RESPONDENT
RULING
The Applicant, Joseph Ekiru alias Maji Lokipi, has exhausted his appeals. The Court of Appeal on 25th June, 2015 dismissed his appeal. The applicant has now made the present application seeking to have the period of one (1) year and two months that he was in remand custody prior to his conviction taken into account. The trial court’s file was not available to this court. The information that this court relies on is from the two judgments availed to the court i.e. the judgment the High Court and that of the Court of Appeal. Mr. Omooria for the State was not convinced that the Applicant had place evidence before the court that he was in remand custody for the said period before he was convicted.
A fundamental issue that come to the fore is whether this court, can revise the sentence of the Applicant in the circumstances where the Court of Appeal has already dealt with the case and rendered its final decision. It was apparent to this court that the Applicant was under the impression that since the Supreme Court’s decision of Francis Kairoko Muruatetu -vs- Republic [2017] eKLR allowed the challenge of sentences on the basis of their unconstitutionality, then this court has the requisite jurisdiction to revise a sentence that was affirmed by the Court of Appeal.
This court is however of a contrary view. Once the Court of Appeal rendered its decision, this court (High Court) lacks jurisdiction to reopen the sentence in such a case. The Muruatetu decision does not give this court a carte bloncheto relook every sentence that has been considered and finally determined by the Court of Appeal.
In the premises therefore, this application lacks merit and is hereby dismissed.
It is so ordered.
DATED AT KITALE THIS 25TH DAY OF JANUARY, 2022
L. KIMARU
JUDGE