[2024] KEHC 12581 (KLR)
The High Court dismissed the application on the basis that it lacks jurisdiction to review or alter a sentence that has been imposed by the Court of Appeal. The applicant's sentence was reduced by the Court of Appeal, and any issue regarding credit for time spent in remand custody should have been raised and...
Source-derived case information.
- Citation
- [2024] KEHC 12581 (KLR)
- Parties
- Applicant: Erick Kimeu Kimani; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E388 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- K Kimondo
- Legal Topics
- Sentence Review, Remand Custody Credit, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Kimeu Kimani
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to review a sentence imposed by the Court of Appeal.
- 2 Whether the applicant is entitled to credit for the period spent in remand custody.
Ratio Decidendi
The High Court dismissed the application on the basis that it lacks jurisdiction to review or alter a sentence that has been imposed by the Court of Appeal. The applicant's sentence was reduced by the Court of Appeal, and any issue regarding credit for time spent in remand custody should have been raised and determined at that appellate stage. The High Court is functus officio and cannot reopen or review the appellate court's decision. Accordingly, the application was dismissed in limine.
Court Disposition
application dismissed
Orders
- The applicant’s Notice of Motion presented to court on 22nd October 2024 is dismissed.
- The applicant and the Director of Criminal Prosecutions shall be notified of this order.
Full Case Text
Judgment text and source record
20 paragraphs
Kimani v Republic (Miscellaneous Criminal Application E388 of 2024) [2024] KEHC 12581 (KLR) (Crim) (22 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12581 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Application E388 of 2024
K Kimondo, J
October 22, 2024
Between
Erick Kimeu Kimani
Applicant
and
Republic
Respondent
Ruling
1. The applicant is seeking review of the sentence, and, more specifically to gain credit for the period spent in remand custody.
2. The application is dismissed in limine for the following reasons:i).The applicant was tried by the High Court for murder in HCCR case Number 113 of 2014 and sentenced on 31st May 2018. ii).His first appeal to the Court of Appeal in Criminal Appeal No. 41 of 2022 was partially successful and the sentence was reduced to 20 years imprisonment on 24th November 2023. iii).He now contends that the Court of Appeal failed to grant him credit for the period spent in remand custody.iv).It follows that the High Court is no longer seized of jurisdiction to review the sentence of the appellate court.
3. For all of those reasons the applicant’s Notice of Motion presented to court on 22nd October 2024 is dismissed.
4. The applicant as well as the Director of Criminal Prosecutions shall be notified of this order.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 22ND DAY OF OCTOBER 2024. KANYI KIMONDOJUDGE