[2025] KEHC 5785 (KLR)

[2025] KEHC 5785 (KLR)

The High Court lacks jurisdiction to review or revise a sentence imposed by a judge of concurrent jurisdiction, as such power is limited to sentences from subordinate courts. The applicant's remedy lies in appealing to the Court of Appeal. Although Section 333(2) of the Criminal Procedure Code requires consideration of pre-trial custody, this court cannot intervene in a sentence passed by a peer judge. The application for sentence review is therefore dismissed for want of jurisdiction, and the applicant is advised to pursue an appeal if aggrieved by the sentence imposed after plea bargaining.

Citation
[2025] KEHC 5785 (KLR)
Parties
Applicant: Andrew Mutiria Murunja; Respondent: Republic
Court
High Court
Court Station
High Court at Chuka
Jurisdiction
Kenya
Judgment Date
8 May 2025
Case Number
Criminal Miscellaneous Application E020 of 2025
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Sentence Review
Outcome
application dismissed
Judges
RL Korir
Legal Topics
Sentence Review, Plea Bargaining, Jurisdiction of High Court, Pretrial Custody Credit
Source Language
English
Criminal Law Civil Procedure Sentence Review Plea Bargaining Jurisdiction of High Court Pretrial Custody Credit

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Parties

Andrew Mutiria Murunja

Applicant

Republic

Respondent

Procedural Posture

Criminal Miscellaneous Application / Ruling on Application for Sentence Review

Legal Issues

  1. 1 Whether the High Court has jurisdiction to review a sentence imposed by a judge of concurrent jurisdiction.
  2. 2 Whether the period spent in pre-trial custody should be considered in sentencing under Section 333 of the Criminal Procedure Code.
  3. 3 Whether the applicant is entitled to a review or reduction of sentence following a plea agreement.

Ratio Decidendi

The High Court lacks jurisdiction to review or revise a sentence imposed by a judge of concurrent jurisdiction, as such power is limited to sentences from subordinate courts. The applicant's remedy lies in appealing to the Court of Appeal. Although Section 333(2) of the Criminal Procedure Code requires consideration of pre-trial custody, this court cannot intervene in a sentence passed by a peer judge. The application for sentence review is therefore dismissed for want of jurisdiction, and the applicant is advised to pursue an appeal if aggrieved by the sentence imposed after plea bargaining.

Court Disposition

application dismissed

Orders

  • The application for review of sentence is dismissed.
  • The applicant's remedy lies in an appeal to the Court of Appeal.