[2022] KEHC 577 (KLR)
The High Court determined that it lacks jurisdiction to further review a sentence that has already been reviewed and reduced on appeal. Entertaining such an application would amount to the court sitting on appeal over its own judgment, which is not permitted. The court found that the application for further review...
Source-derived case information.
- Citation
- [2022] KEHC 577 (KLR)
- Parties
- Applicant: Sebastian Miriti; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 162 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Review Application
- Outcome
- Application disallowed as an abuse of court process.
- Judges
- TW Cherere
- Legal Topics
- Sentence Review, Jurisdiction of High Court, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sebastian Miriti
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the High Court has jurisdiction to further review a sentence already reviewed on appeal.
- 2 Whether the application for sentence review constitutes an abuse of court process.
Ratio Decidendi
The High Court determined that it lacks jurisdiction to further review a sentence that has already been reviewed and reduced on appeal. Entertaining such an application would amount to the court sitting on appeal over its own judgment, which is not permitted. The court found that the application for further review was an abuse of the court process and accordingly disallowed it.
Court Disposition
Application disallowed as an abuse of court process.
Orders
- The Notice of Motion filed on March 16, 2022 is disallowed.
Full Case Text
Judgment text and source record
20 paragraphs
Miriti v Republic (Miscellaneous Criminal Application 162 of 2022) [2022] KEHC 577 (KLR) (12 May 2022) (Ruling)
Neutral citation: [2022] KEHC 577 (KLR)
Republic of Kenya
In the High Court at Meru
Miscellaneous Criminal Application 162 of 2022
TW Cherere, J
May 12, 2022
Between
Sebastian Miriti
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was convicted of 4 counts in Tigania PMCR. Case. 290 of 2014 and was sentenced to serve 15 years in each count.
2. Applicant preferred an appeal in Meru Cr. Appeal NO. 99 of 1999 and the sentences were reduced to 5 years to run concurrently.
3. Applicant seeks a review of the sentence on the grounds that he suffers from diabetes, is first time offender and his family is suffering due to his incarceration.
4. Applicant’s sentence was reviewed in Meru Cr. Appeal No. 99 of 1999 and an invitation for this court to further review the sentence amounts to ask the court to sit on appeal in its own judgement which jurisdiction this court does not possess.
5. From the foregoing analysis, I have come to the conclusion that the Notice of Motion filed on March 16, 2022 is an abuse of the court and it is disallowed.
DELIVERED AT MERU THIS 12TH DAY OF MAY 2022T. W. CHEREREJUDGEAppearancesCourt Assistant - KinotiApplicant - PresentFor Applicant - Mr. Nyenyire AdvocateFor the State - Ms. Mwaniki