[2023] KEHC 2580 (KLR)
The High Court held that it is functus officio in this matter, as the applicant's sentence was already reviewed and reduced by the Court of Appeal. The High Court cannot review or alter a sentence imposed by a superior court. While Section 333(2) of the Criminal Procedure Code obligates courts to consider time spent...
Source-derived case information.
- Citation
- [2023] KEHC 2580 (KLR)
- Parties
- Applicant: Stephen Kata Mwanzia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E008 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Review
- Outcome
- application dismissed
- Judges
- JN Onyiego
- Legal Topics
- Sentence Review, Remand Custody Credit, Functus Officio, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Kata Mwanzia
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the High Court has jurisdiction to review a sentence imposed by the Court of Appeal.
- 2 Whether the period spent in remand custody should be factored into the applicant's sentence.
Ratio Decidendi
The High Court held that it is functus officio in this matter, as the applicant's sentence was already reviewed and reduced by the Court of Appeal. The High Court cannot review or alter a sentence imposed by a superior court. While Section 333(2) of the Criminal Procedure Code obligates courts to consider time spent in remand custody, this obligation does not empower the High Court to interfere with a sentence passed by the Court of Appeal. Therefore, the application for sentence review was found to be without merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
22 paragraphs
Mwanzia v Republic (Miscellaneous Criminal Application E008 of 2022) [2023] KEHC 2580 (KLR) (29 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2580 (KLR)
Republic of Kenya
In the High Court at Garissa
Miscellaneous Criminal Application E008 of 2022
JN Onyiego, J
March 29, 2023
In The Matter Of An Intended Appeal
Between
Stephen Kata Mwanzia
Applicant
and
Republic
Respondent
Ruling
1. The applicant was originally charged with the offence of robbery with violence contrary to section 296 (2) of the Penal code before Mwingi Law CourtS. Upon returning a plea of not guilty, the matter proceeded to full trial. He was eventually convicted and sentenced to death.
2. He later appealed to the High court under High Court Criminal appeal number 91 of 2012 where the lower court decision was upheldHe later appealed to the Court of Appeal vide Cr Appeal Number 61/2012 which reduced the sentence to 20 years imprisonment.
3. He has now moved this court vide Chamber summons filed on 5-4-2022 seeking review of the sentence by factoring the period spent in remand custody.
4. The State /Respondent have opposed the application on grounds that the Court is functus officio and that the application is incompetent.
5. I have considered the application herein and the response thereof. It Is trite law that this court is duty bound to consider the period spent in remand custody before rendering sentence pursuant to Section 333 (2) of the Criminal Procedure Code.
6. In the instant case, the case has gone up to the court of appeal where sentence was reduced from death penalty to 20 years imprisonment.This court is functus officio and cannot review court of appeal’s sentence.Accordingly, it is my finding that the application is not merited and the same is dismissed.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS…29TH …… DAY OF MARCH, 2023. J. N. ONYIEGOJUDGEIn the Presence of:AppellantMr. Kihara for the state.Martin/ Mohamed- Court Assistants.J. N. ONYIEGOJUDGE