[2023] KEHC 1598 (KLR)
The court found that the applicant's sentence had already been confirmed upon dismissal of his appeal, and that there was a pending appeal before the Court of Appeal. In these circumstances, the High Court determined it lacked the jurisdiction or basis to exercise its discretion to commute the sentence to a...
Source-derived case information.
- Citation
- [2023] KEHC 1598 (KLR)
- Parties
- Applicant: Paul Karuga Muniu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Revision E208 of 2022
- Procedural Posture
- Miscellaneous Criminal Revision / Ruling on Application for Commutation of Sentence
- Outcome
- application dismissed
- Judges
- MM Kasango
- Legal Topics
- Defilement Offence, Sentencing Principles, Revision Jurisdiction, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Karuga Muniu
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Revision / Ruling on Application for Commutation of Sentence
Legal Issues
- 1 Whether the High Court should exercise its discretion to commute the applicant's remaining custodial sentence to a non-custodial sentence.
- 2 Whether the existence of a pending appeal before the Court of Appeal precludes the High Court from granting the orders sought.
Ratio Decidendi
The court found that the applicant's sentence had already been confirmed upon dismissal of his appeal, and that there was a pending appeal before the Court of Appeal. In these circumstances, the High Court determined it lacked the jurisdiction or basis to exercise its discretion to commute the sentence to a non-custodial one. The existence of a pending appeal further precluded the court from granting the orders sought, as the matter was not yet finally determined. The application was therefore found to be without merit and declined.
Court Disposition
application dismissed
Orders
- The application filed on August 10, 2022 is declined.
- The file is ordered closed.
Full Case Text
Judgment text and source record
20 paragraphs
Muniu v Republic (Miscellaneous Criminal Revision E208 of 2022) [2023] KEHC 1598 (KLR) (10 March 2023) (Ruling)
Neutral citation: [2023] KEHC 1598 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Criminal Revision E208 of 2022
MM Kasango, J
March 10, 2023
Between
Paul Karuga Muniu
Applicant
and
Republic
Respondent
Ruling
1. Paul Karuga Muniu was on September 29, 2012 convicted of the offence of defilement contrary to section 8(1) of the Sexual Offences Act in the Githunguri Criminal Case No. 183 of 2011. He was sentenced to 20 years imprisonment. Paul appealed against his conviction and sentenced in Nairobi High Court Criminal Appeal No. 241 of 2012. I have however noted that although I have the original file of Githunguri Magistrate’s Court, I was unable to trace the judgment in that appeal. I have however noted that Paul before this Court has stated in his affidavit that his said appeal was dismissed. It would seem from the correspondence in the Githunguri Magistrate’s Court file that Paul appealed to the Court of Appeal being Criminal Appeal No. 6 of 2014. I was also unable to trace any judgment of the Court of Appeal in Githunguri Magistrate’s Court file.
2. Paul filed before this court on August 10, 2022 an application before this Court seeking this court does in exercise of its discretion commute the remainder of his sentence to non-custodial sentence.
3. Paul was sentenced to 20 years imprisonment in 2012. It follows that he has according to my calculations 9 years and 6 months remaining in his prison sentence. That period possibly will be less after consideration of the period of remission. Paul, as it would seem has a pending appeal before the Court of Appeal. In my view, there is no merit in the application before me because the applicant’s sentence was confirmed when his appeal was dismissed.
Disposition 4. In view of the fact that the applicant has a pending appeal before Court of Appeal and because this court finds that the application before court does not have merit, the exercise of this court’s discretion as sought and the application filed in this Court on August 10, 2022 is declined.
5. I order this file be closed.
RULING DATED, SIGNED AND DELIVERED AT KIAMBU THIS 10TH DAY OF MARCH, 2023. MARY KASANGOJUDGECoram:Court Assistant………………………..Mourice/JuliaFor Applicant:- AbsentFor State:- Mr. GachariaCOURTRuling delivered virtually.MARY KASANGOJUDGE