[2024] KEHC 11910 (KLR)
The court held that it lacked jurisdiction to alter the commencement date of the applicant's sentence, as this had already been determined by the High Court on appeal in HCRA 46/2015. The application to have the period spent in custody taken into account was therefore dismissed. The court emphasized that once an...
Source-derived case information.
- Citation
- [2024] KEHC 11910 (KLR)
- Parties
- Applicant: Joseph Wambia Maero; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E079 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Conviction and Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Sentence Review, Plea of Guilty, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Wambia Maero
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Conviction and Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to alter the commencement date of the applicant's sentence after it was set on appeal.
- 2 Whether the period spent in custody should be taken into account in the applicant's sentence.
Ratio Decidendi
The court held that it lacked jurisdiction to alter the commencement date of the applicant's sentence, as this had already been determined by the High Court on appeal in HCRA 46/2015. The application to have the period spent in custody taken into account was therefore dismissed. The court emphasized that once an appellate court has set the date from which a sentence is to run, a subsequent application for review on the same issue cannot be entertained by the same or lower court. The file was ordered closed.
Court Disposition
application dismissed
Orders
- The application for review is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
25 paragraphs
Maero v Republic (Miscellaneous Criminal Application E079 of 2024) [2024] KEHC 11910 (KLR) (27 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11910 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E079 of 2024
RE Aburili, J
September 27, 2024
Between
Joseph Wambia Maero
Applicant
and
Republic
Respondent
(Being an Application for review of Conviction and sentence from of Siaya SPM’s vide Criminal Case No. 590 of 2013 delivered by Hon. J. N. Sani, (SRM) dated 5/3/2014)
Ruling
1. The Applicant is Joseph Wambia Maero. He was convicted and sentenced to serve 30 years imprisonment vide Siaya SPM SO 590/2013 for the offence of defilement contrary to Section 8(1) as read with Section 8 (3) of the Sexual Offences Act.
2. He appealed vide Kisumu HCRA 86/2014 as there was no High Court in Siaya.
3. From the trial court record availed, the convict initially pleaded not guilty to the charge but after 4 key witnesses had testified, he requested to change plea to that of guilty and that was done.
4. He was convicted and sentenced on 5/3/2014. On appeal he challenged the plea of guilty and asked for a retrial sentence reduction vide judgment dated 12/5/2016, the appeal against conviction was dismissed. The 30 years imprisonment was set aside and substituted with 20 years imprisonment to run from 5/3/2014.
5. In his application dated/filed on 30/7/2024, he prays that the period spent in custody be taken into account.
6. The High Court on appeal in HCRA 46/2015 having set the date when the sentence ought to start running, I have no jurisdiction to set aside that order.
7. The application is dismissed.
8. This file is closed.
9. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF SEPTEMBER, 2024. R. E. ABURILIJUDGE