[2022] KEHC 16240 (KLR)
The court held that the petitioner was required to raise the issue of time spent in custody during his initial appeal. Having failed to do so, and since the High Court cannot sit on appeal over the decision of another judge of concurrent jurisdiction, the petition was declined. The court emphasized the importance of...
Source-derived case information.
- Citation
- [2022] KEHC 16240 (KLR)
- Parties
- Applicant: Jeremiah Muroki Mate; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition E018 of 2022
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition declined
- Judges
- TW Cherere
- Legal Topics
- Defilement Offence, Sentencing Principles, Sexual Offences Act, Time Spent in Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeremiah Muroki Mate
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the petitioner is entitled to have the time spent in custody considered in his sentence under section 8 of the Sexual Offences Act.
- 2 Whether the High Court can revisit issues not raised in the initial appeal.
Ratio Decidendi
The court held that the petitioner was required to raise the issue of time spent in custody during his initial appeal. Having failed to do so, and since the High Court cannot sit on appeal over the decision of another judge of concurrent jurisdiction, the petition was declined. The court emphasized the importance of raising all pertinent issues at the earliest opportunity in the appellate process and found no basis to revisit the sentence imposed by the previous court.
Court Disposition
petition declined
Orders
- The petition is declined.
Full Case Text
Judgment text and source record
18 paragraphs
Mate v Republic (Petition E018 of 2022) [2022] KEHC 16240 (KLR) (15 December 2022) (Judgment)
Neutral citation: [2022] KEHC 16240 (KLR)
Republic of Kenya
In the High Court at Meru
Petition E018 of 2022
TW Cherere, J
December 15, 2022
Between
Jeremiah Muroki Mate
Petitioner
and
Republic
Respondent
Judgment
1. Petitioner was convicted for the offence of defilement contrary to section 8(1) as read with section 8 (2) of the Sexual Offences Act and was sentenced to 20 years’ imprisonment.
2. In his appeal Meru CR Appeal No 68 of 2012 which was dismissed on April 27, 2021, and he did not appeal to the Court of Appeal. At the appeal, he did not raise the issue concerning the time he spent custody. The state through Ms Mwaniki (PPC) opposed the application on the ground that petitioner has not appealed to the Court of Appeal.
3. I agree with the respondent that applicant ought to have raised the issue he now raises when the appeal was heard. Since this court cannot sit on appeal in the judgment of another judge, this petition is declined.
DELIVERED AT MERU THIS 15THDAY OF DECEMBER, 2022. WAMAE TW CHEREREJUDGEAppearancesCourt Assistant - KinotiPetitioner - Present in personFor the State - Ms Mwaniki (PPC)