https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11166
The application failed because the court had already convicted and sentenced the applicant, and was therefore functus officio with no jurisdiction to revisit the sentence; the request for review was dismissed for lack of merit.
Source-derived case information.
- Citation
- [2026] KEHC 11166 (KLR)
- Parties
- Applicant: JOSEPH KARIUKI KAIRU; Respondent: REPUBLIC
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E030 of 2026
- Procedural Posture
- Miscellaneous Criminal Application for Review of Sentence / Ruling on Application to Review Sentence After Conviction and Sentence
- Outcome
- Application dismissed
- Judges
- ["JM Nang'ea"]
- Legal Topics
- Review of Sentence, Functus Officio, Murder, Jurisdiction of Court After Sentencing, Minority at Time of Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JOSEPH KARIUKI KAIRU
Applicant
REPUBLIC
Respondent
Procedural Posture
Miscellaneous Criminal Application for Review of Sentence / Ruling on Application to Review Sentence After Conviction and Sentence
Legal Issues
- 1 Whether the High Court had jurisdiction to review the applicant's sentence after conviction and sentencing
- 2 Whether the application was competent under sections 362 and 364 of the Criminal Procedure Code
- 3 Whether the applicant's claim that he was a minor at the time of the offence justified review
Ratio Decidendi
The application failed because the court had already convicted and sentenced the applicant, and was therefore functus officio with no jurisdiction to revisit the sentence; the request for review was dismissed for lack of merit.
Court Disposition
Application dismissed
Orders
- The application for review of sentence is dismissed for lack of merit.
Full Case Text
Judgment text and source record
1 paragraphs
**** **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NAKURU** **MISCELLANEOUS CRIMINAL APPLICATION NO. E030 OF 2026** **JOSEPH KARIUKI KAIRU ……………......……….……….. APPLICANT** **-VERSUS-** **REPUBLIC ……..………….……..………..…………...….. RESPONDENT** **RULING** 1. The Applicant prays for review of a sentence of 15 years meted out against him in this court’s Criminal File No. E006 of 2022 in which he was charged with and convicted of the offence of murder contrary to **section 203 as read with section 204 of the Criminal Procedure Code.** The Application is brought pursuant to **sections 362 and 364 of the Criminal Procedure Code** among other relevant laws. He pleads that he was a minor when he committed the offence and is remorseful. 2. The Prosecution Counsel (Daniel Wakasyaka) opposes the Application *vide* brief written submissions dated 22nd June 2026 . He submits that this court is *functus officio* having convicted and sentenced the Applicant. 3. This Court had convicted and sentenced the Applicant to 15 (fifteen ) years imprisonment for the offence **of Murder contrary to section 203 as read with section 204 of the Penal Code.** He had been charged that on 20th January 2022 at Ikerero area in Nakuru North Sub-County, Nakuru County, he murdered Benson Rubia Mukatia. 4. The Applicant entered plea of “not guilty’’ to the charge , and after full trial he was convicted and sentenced as stated hereinabove. He has not lodged an appeal to the Court of Appeal, choosing to bring this Application.instead. 5. Before reaching a decision on sentence, the court considered *inter alia* the Parties’ submissions and the Probation Officer’s report before pronouncing the sentence. As correctly stated by the Prosecution Counsel, this court is *functus officio* after sentencing the Applicant. It has no jurisdiction to revisit the case. 6. The Application is therefore dismissed as lacking in merit. **J. M. NANG’EA, JUDGE.** **Ruling delivered this 21st day of July, 2026 in the presence of:** **Mr Wakasyaka for the DPP.** **The Applicant.** **The Court Assistant (Jeniffer).** **J. M. NANG’EA, JUDGE.**