[2023] KEHC 4115 (KLR)
The High Court lacks jurisdiction to review a sentence that has already been affirmed by the Court of Appeal. Furthermore, the applicant has only served five years of a sixteen-year sentence, which does not meet the criteria for review under the National Community Service Order Committee guidelines. The application...
Source-derived case information.
- Citation
- [2023] KEHC 4115 (KLR)
- Parties
- Applicant: Leila Munyiva Muli; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case E079 of 2023
- Procedural Posture
- Miscellaneous Criminal Case / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Jurisdiction, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leila Munyiva Muli
Applicant
Director of Public Prosecution
Respondent
Procedural Posture
Miscellaneous Criminal Case / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to review a sentence already affirmed by the Court of Appeal.
- 2 Whether the application for review of sentence constitutes an abuse of court process.
Ratio Decidendi
The High Court lacks jurisdiction to review a sentence that has already been affirmed by the Court of Appeal. Furthermore, the applicant has only served five years of a sixteen-year sentence, which does not meet the criteria for review under the National Community Service Order Committee guidelines. The application is therefore an abuse of the court process and must be dismissed.
Court Disposition
application dismissed
Orders
- The application dated 9.3.2023 is dismissed as an abuse of the court process.
Full Case Text
Judgment text and source record
21 paragraphs
Muli v Director of Public Prosecution (Miscellaneous Criminal Case E079 of 2023) [2023] KEHC 4115 (KLR) (Crim) (10 May 2023) (Ruling)
Neutral citation: [2023] KEHC 4115 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Case E079 of 2023
DR Kavedza, J
May 10, 2023
Between
Leila Munyiva Muli
Applicant
and
Director of Public Prosecution
Respondent
Ruling
1. The lower court file has been availed. I have gone through the application. The applicant seeks review of her sentence so that she can serve a non-custodial sentence. I note that the applicant appealed the decision of the trial magistrate and her appeal was dismissed. She appealed to the court of appeal and on 4. 12. 2020, the Court of Appeal, (Koome CJ, Musinga JA and Sidhole JA) dismissed her Appeal. She then made an application for revision of sentence as recent as 15. 11. 2022, the court (Bwonwong’a J.) dismissed her application.
2. Having laid that background it is trite law that a court of concurrent jurisdiction cannot purport to review the decision of a brother/sister Judge.
3. The sentence which the applicant has sought to review was affirmed by the Court of Appeal. My jurisdiction as Chair (National Community Service Order Committee) NCSOC, is to review magistrates sentence only below three years and on maximum cases where the offender has a balance (remainder) of only three years left of her/his sentence.
4. The applicant herein has only served five years of the sixteen years imposed.
5. I therefore find the application dated 9. 3.2023 to be an abuse of the court process and it is hereby dismissed.
RULING READ AND DELIVERED ON 10TH DAY OF MAY, 2023HON. DIANA R. KAVEDZAJUDGE