[2023] KEHC 3145 (KLR)
The court held that it lacked jurisdiction to review the sentence as the applicant's appeal had already been dismissed by the High Court, and there was no constitutional petition or new legal basis presented to warrant a review. The application was unsupported by any court proceedings or record, and the applicant...
Source-derived case information.
- Citation
- [2023] KEHC 3145 (KLR)
- Parties
- Applicant: Michael Otieno Kariuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E081 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Review
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Defilement Offence, Application of Section 333 2, Life Imprisonment, Sexual Offences Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Otieno Kariuki
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the High Court can review a sentence that was previously upheld on appeal.
- 2 Whether Section 333(2) of the Criminal Procedure Code applies to the applicant's case.
Ratio Decidendi
The court held that it lacked jurisdiction to review the sentence as the applicant's appeal had already been dismissed by the High Court, and there was no constitutional petition or new legal basis presented to warrant a review. The application was unsupported by any court proceedings or record, and the applicant failed to demonstrate any error or miscarriage of justice in the original or appellate decisions. Consequently, the application for sentence review and application of Section 333(2) of the Criminal Procedure Code was found to be without merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application is dismissed for lack of merit.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Kariuki v Republic (Miscellaneous Criminal Application E081 of 2022) [2023] KEHC 3145 (KLR) (12 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3145 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E081 of 2022
RE Aburili, J
April 12, 2023
Between
Michael Otieno Kariuki
Applicant
and
Republic
Respondent
Ruling
1. The Applicant is Michael Otieno Kariuki. He was convicted and sentenced to serve life imprisonment vide Chief Magistrate’s Court at Nyando in Sexual Offences Case No 734 of 2012 for the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act.
2. He appealed vice Kisumu HCRA No 48 of 2016 which appeal was dismissed. He now seeks for lenient definite sentence and application of Section 333(2) of theCriminal Procedure Code.
3. I have considered the application which is not supported by any court proceedings or record.
4. This not a constitutional petition, I find no ground upon which I can review sentence which was upheld by the High Court.
5. The application is found to be devoid of any merit and is hereby dismissed.
6. File closed. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 12TH DAY OF APRIL, 2023R E ABURILIJUDGE