[2024] KEHC 14696 (KLR)
The court found that it had already considered the period spent in remand custody in its judgment delivered on 9th February 2024 in Criminal Appeal No. E012/2023. As such, the application for review was baseless and amounted to an abuse of the court process. The court held that it was functus officio and could not...
Source-derived case information.
- Citation
- [2024] KEHC 14696 (KLR)
- Parties
- Applicant: Mohamed Noor Oloo Mboyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E034 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- JN Onyiego
- Legal Topics
- Sentence Review, Remand Custody Period, Functus Officio, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Noor Oloo Mboyo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the High Court should review the sentence to account for the period spent in remand custody.
- 2 Whether the court is functus officio having already considered the remand period in its earlier judgment.
Ratio Decidendi
The court found that it had already considered the period spent in remand custody in its judgment delivered on 9th February 2024 in Criminal Appeal No. E012/2023. As such, the application for review was baseless and amounted to an abuse of the court process. The court held that it was functus officio and could not revisit the issue, leading to the dismissal of the application.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
Mboyo v Republic (Miscellaneous Criminal Application E034 of 2024) [2024] KEHC 14696 (KLR) (26 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14696 (KLR)
Republic of Kenya
In the High Court at Garissa
Miscellaneous Criminal Application E034 of 2024
JN Onyiego, J
November 26, 2024
Between
Mohamed Noor Oloo Mboyo
Applicant
and
Republic
Respondent
Ruling
1. I have considered the application herein seeking to review the sentence herein to take into account the period spent in remand custody. The State opposed the same on grounds that the Court is functus officio.
2. There is not dispute that the appellant approached this court under Criminal Appeal No. E012/2023. Among the grounds of appeal was that, the trial court did not take into account the period spent in remand custody.
3. I have perused my judgement delivered on 9. 2.24. It shows that I took into consideration the period spent in remand custody. Therefore, the application is a non-starter and amounts to abuse of the court process. Application is dismissed.
DATED, SIGNED AND DELIVERED THIS 26TH DAY OF NOVEMBER, 2024. J. N. ONYIEGOJUDGE