[2025] KEHC 8871 (KLR)
The High Court determined that it has no jurisdiction to review or alter a sentence that has already been considered and upheld by the Court of Appeal. The applicant's request to have the period spent in custody computed in his sentence was found to have been exhaustively addressed by the appellate courts....
Source-derived case information.
- Citation
- [2025] KEHC 8871 (KLR)
- Parties
- Applicant: Maghanga Mwazo Mwanjewe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E097 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- application dismissed
- Judges
- AN Ongeri
- Legal Topics
- Robbery With Violence, Sentencing Review, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maghanga Mwazo Mwanjewe
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the High Court has jurisdiction to review a sentence imposed and upheld by the Court of Appeal.
- 2 Whether the period spent in custody should be computed in the applicant's sentence after commutation to life imprisonment.
Ratio Decidendi
The High Court determined that it has no jurisdiction to review or alter a sentence that has already been considered and upheld by the Court of Appeal. The applicant's request to have the period spent in custody computed in his sentence was found to have been exhaustively addressed by the appellate courts. Consequently, the revision application was dismissed for lack of merit, as the court could not revisit or interfere with the sentence as commuted and confirmed by higher judicial authority.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
Full Case Text
Judgment text and source record
26 paragraphs
Mwanjewe v Republic (Criminal Revision E097 of 2024) [2025] KEHC 8871 (KLR) (24 January 2025) (Ruling)
Neutral citation: [2025] KEHC 8871 (KLR)
Republic of Kenya
In the High Court at Voi
Criminal Revision E097 of 2024
AN Ongeri, J
January 24, 2025
Between
Maghanga Mwazo Mwanjewe
Applicant
and
Republic
Respondent
Ruling
1. The Applicant herein Maghanga Mwazo Mwanjewe filed this revision application seeking review of the sentence of life imprisonment.
2. The Applicant was charged before the SPM at Voi Law Courts with 2 counts of robbery with violence contrary to Section 296(2) of the Penal Code.
3. He was sentenced to death.
4. He appealed to the High Court at Voi and the appeal was dismissed and both the conviction and sentence upheld.
5. The Applicant appealed to the Court of Appeal (COA) and the second appeal was also dismissed on 9th February, 2024.
6. The sentence was commutted to life imprisonment by the President.
7. The Applicant has now applied to this court for review of his sentence.
8. He stated in his application that he wants the period he spent in custody computed in the sentence.
9. I have considered the Court of Appeal judgment and I find that the issue of the sentence meted against the Applicant was exhaustively dealt with.
10. This court has no jurisdiction to review the sentence of the Court of Appeal delivered on 9th February, 2024.
11. I find that the revision application lacks in merit and the same is accordingly dismissed.
DATED, SIGNED AND DELIVERED THIS 24TH DAY OF JANUARY 2025 VIRTUALLY AND IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Court Assistant: MainaThe Applicant