[2022] KEHC 11505 (KLR)
The High Court found that since the applicant had already exercised his right of appeal and the appeal had been determined, it lacked jurisdiction to review or alter the sentence as requested. Entertaining the application would amount to the court sitting on appeal over its own decision, which is not permitted. The...
Source-derived case information.
- Citation
- [2022] KEHC 11505 (KLR)
- Parties
- Applicant: Jackim Koome Kithia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E020 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- TW Cherere
- Legal Topics
- Sentence Computation, Time Spent in Custody, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackim Koome Kithia
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to have his sentence computed to include the period spent in custody.
- 2 Whether the High Court has jurisdiction to review the sentence after the appeal has been heard and determined.
Ratio Decidendi
The High Court found that since the applicant had already exercised his right of appeal and the appeal had been determined, it lacked jurisdiction to review or alter the sentence as requested. Entertaining the application would amount to the court sitting on appeal over its own decision, which is not permitted. The application was therefore deemed an abuse of court process and was disallowed.
Court Disposition
application dismissed
Orders
- The application filed on May 9, 2022 is disallowed.
Full Case Text
Judgment text and source record
19 paragraphs
Kithia v Republic (Miscellaneous Criminal Application E020 of 2022) [2022] KEHC 11505 (KLR) (19 May 2022) (Ruling)
Neutral citation: [2022] KEHC 11505 (KLR)
Republic of Kenya
In the High Court at Meru
Miscellaneous Criminal Application E020 of 2022
TW Cherere, J
May 19, 2022
Between
Jackim Koome Kithia
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was convicted of robbery with violence in Meru CMCR. CASE. 1824 OF 2014 and was sentenced to serve 15 years’ imprisonment. He appears to have lost the appeal he filed in Meru HCCR. A. 134 OF 2018.
2. Applicant seeks that the sentence be computed to include the time he spent in custody.
3. I have considered that the Applicant was heard on appeal and therefore decline an invitation to review the sentence for that amounts to ask this court to sit on appeal in its own judgement which jurisdiction this court does not possess.
4. From the foregoing analysis, I have come to the conclusion that the application filed on May 9, 2022 is an abuse of the court and it is disallowed.
DELIVERED AT MERU THIS 19th DAY OF May 2022T. W. CHEREREJUDGEAppearancesCourt Assistant - KinotiApplicant - AbsentFor the State - Ms. Mwaniki (PPC)