https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8525
The court lacked jurisdiction to entertain the application because the applicant was effectively asking it to sit in appeal over the sentence imposed by another High Court judge of concurrent jurisdiction. On that basis, the matter was struck out for want of jurisdiction.
Source-derived case information.
- Citation
- [2026] KEHC 8525 (KLR)
- Parties
- Applicant: Lete Mwaiwe; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E077 of 2025
- Procedural Posture
- Murder Sentence Review/application / Ruling on Jurisdiction
- Outcome
- Application struck out for want of jurisdiction.
- Judges
- ["PK Rotich"]
- Legal Topics
- Section 333(1) Criminal Procedure Code, Probation of Offenders Act, Jurisdiction of a Court of Concurrent Jurisdiction, Sentence Credit for Time Spent in Custody, Striking Out for Want of Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lete Mwaiwe
Applicant
Republic
Respondent
Procedural Posture
Murder Sentence Review/application / Ruling on Jurisdiction
Legal Issues
- 1 Whether the High Court had jurisdiction to revisit or vary the sentence imposed by a judge of concurrent jurisdiction.
- 2 Whether the applicant could obtain additional credit for time spent in custody under section 333(1) of the Criminal Procedure Code.
- 3 Whether the applicant qualified for probation under section 4(1) of the Probation of Offenders Act.
Ratio Decidendi
The court lacked jurisdiction to entertain the application because the applicant was effectively asking it to sit in appeal over the sentence imposed by another High Court judge of concurrent jurisdiction. On that basis, the matter was struck out for want of jurisdiction.
Court Disposition
Application struck out for want of jurisdiction.
Orders
- The application is struck out.
- No further relief granted.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT MOMBASA** **HC MISC CRIMINAL APPLICATION NO. E 077 OF 2025** **LETE MWAIWE…..……………………………………………….. APPLICANT** **VERSUS** **REPUBLIC…………………..….................…............RESPONDENT** **RULING** The applicant was convicted for the offence of murder on 28th November,2024 by Hon. Lady Justice Wendy Kagendo Mucheni in Mombasa High Court Criminal Cases No.8 of 2019 and sentenced on 13th March,2025 to serve 10 years imprisonment. In the sentence, the learned trial judge stated that she had taken into consideration the time the accused spent in custody and the lengthy trial. In this matter, the applicant, nonetheless, still prays that the time he spent in custody be factored in his sentence as provided under section 333(1) of the criminal Procedure Code. He also prays this Court to place him under probation under section 4(1) of the Probation of Offenders Act taking into consideration the factors stipulated in Sentencing Policy Guidelines being age, character, antecedents and health conditions. Others are nature of offence, home surroundings and extenuating circumstances in which the offence was committed. Further, the applicant avered that he has a young family living in destitution and that he is remorseful It is, however, the Court’s finding that it has no jurisdiction to sit on appeal in respect to a decision of another Judge of concurrent jurisdiction as requested by the applicant. To do so would be tantamount to sitting on appeal against the Judgement of my sister Hon. Lady Justice Wendy Kagendo Micheni. This matter is, therefore, struck out for want of jurisdiction. Dated, signed and virtually delivered vide Microsoft teams this 25th May,2026 **HON. P.K. ROTICH** **JUDGE**