[2024] KEHC 12370 (KLR)
The court held that it lacked jurisdiction to revisit the sentence imposed by the previous court, as Section 333(2) of the Criminal Procedure Code had already been considered during sentencing. The application for revision was therefore dismissed, and the applicant was barred from filing further similar applications...
Source-derived case information.
- Citation
- [2024] KEHC 12370 (KLR)
- Parties
- Applicant: Julius Kiunga Mbirithia; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E211 of 2024
- Procedural Posture
- Revision / Ruling
- Outcome
- application dismissed
- Judges
- HM Nyaga
- Legal Topics
- Sentencing Procedure, 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
Julius Kiunga Mbirithia
Applicant
Director of Public Prosecution
Respondent
Procedural Posture
Revision / Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to revisit the sentence imposed in light of Section 333(2) of the Criminal Procedure Code.
- 2 Whether the applicant's time spent in custody was properly considered during sentencing.
Ratio Decidendi
The court held that it lacked jurisdiction to revisit the sentence imposed by the previous court, as Section 333(2) of the Criminal Procedure Code had already been considered during sentencing. The application for revision was therefore dismissed, and the applicant was barred from filing further similar applications in the matter.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The applicant is barred from filing any further application in this matter.
Full Case Text
Judgment text and source record
20 paragraphs
Mbirithia v Director of Public Prosecution (Revision Case E211 of 2024) [2024] KEHC 12370 (KLR) (16 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12370 (KLR)
Republic of Kenya
In the High Court at Meru
Revision Case E211 of 2024
HM Nyaga, J
October 16, 2024
N THE MATTER OF: CONTRAVENTION OF RIGHTS OR FUNDAMENTAL FREEDOMS UNDER ARTICLE 19,20,222,23,25,27,28,50,51,159 AND 165 OF THECONSTITUION OF KENYA AND ALL OTHER ENALBING POWERS AND PROVISIONS OF THE LAW AND IN THE MATTER OF: APPLICATION AND ENFORCEMENT OF SECTION 333 (2) OF THE CRIMINAL PROCEDURE CODE IN RELATION TO SENTENCE THAT HAS NOT FACTORED THE TIME SPEND IN CUSTODY AND IN THE MATTER OF AHAMAD ABOLFATHI MOHAMMAD AND ANOTHER VS REPUBLIC (2018) EKLR BETHWEL WILSON KIBOR VS REPUBLIC
Between
Julius Kiunga Mbirithia
Applicant
and
Director of Public Prosecution
Respondent
Ruling
1. Court: Applicant was before Hon Justice Cherere in Petition No E024 of 2023.
2. The court considered Section 333 (2) CPC in in imposing the 30 year sentence. This court lacks Jurisidiction to revisit the issue.
3. Application dismissed with orders that the Applicant should not file any further application here.
File closed.
H. M. NYAGAJUDGEDATED, SIGNED AND DELIVERED AT MERU THIS 16THDAY OF OCTOBER 2024.