Mwanzia Wambua v Republic [2022] KEHC 2520 (KLR)
- Citation
- [2022] KEHC 2520 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Panel
- GMA Dulu
- Case number
- Miscellaneous Criminal Application 68 of 2019
- Language
- English
More details
- Court
- High Court
- Panel
- GMA Dulu
- Case number
- Miscellaneous Criminal Application 68 of 2019
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that since the issue of sentence was a live issue on appeal in both the High Court and the Court of Appeal, and both courts made determinations on the matter, the applicant cannot now seek a further review of sentence under section 333 of the Criminal Procedure Code. The doctrine of finality of appellate decisions applies, and the High Court lacks jurisdiction to entertain a fresh application on a matter already conclusively determined by superior appellate courts. Accordingly, the application for review of sentence is without merit and is dismissed.
Court disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
02
Material facts
Parties
Mwanzia Wambua
ApplicantRepublic
Respondent03
Procedural history
Posture
Miscellaneous Application / Ruling on Sentence Review Application
04
Questions and positions
Legal issues
- 01
Whether the applicant is entitled to a review of sentence under section 333 of the Criminal Procedure Code after the sentence has been considered and determined on appeal.
- 02
Whether the High Court has jurisdiction to entertain a sentence review application where the Court of Appeal has already determined the sentence.
Party arguments
- Applicant
- The applicant seeks a review of his sentence, arguing that the period spent in custody during trial should be deducted from his sentence in accordance with section 333 of the Criminal Procedure Code and Article 50(2) of the Constitution.
- Respondent
- The respondent contends that the issue of sentence has already been conclusively determined by both the High Court and the Court of Appeal, and therefore cannot be reopened through a separate application.
05
Court’s reasoning
Legal principles
- 01
Court of Appeal judgment in Nairobi Criminal Appeal No. 81 of 2017; Criminal Procedure Code (Cap. 75), section 333
Once the issue of sentence has been determined on appeal by both the High Court and the Court of Appeal, it cannot be reopened through a separate application for review under section 333 of the Criminal Procedure Code.
- 02
General doctrine of finality in appellate procedure
The principle of finality of appellate decisions precludes further review of matters already conclusively determined by appellate courts.
06
Ratio, limits and disposition
Ratio decidendi
The court held that since the issue of sentence was a live issue on appeal in both the High Court and the Court of Appeal, and both courts made determinations on the matter, the applicant cannot now seek a further review of sentence under section 333 of the Criminal Procedure Code. The doctrine of finality of appellate decisions applies, and the High Court lacks jurisdiction to entertain a fresh application on a matter already conclusively determined by superior appellate courts. Accordingly, the application for review of sentence is without merit and is dismissed.
Court disposition
application dismissed
- The application for review of sentence is dismissed.
Source and reliance status
High Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HC. MISC.CR. APPLICATION NO. 68 OF 2019
MWANZIA WAMBUA………………….……………..….…. APPLICANT
-VERSUS-
REPUBLIC………….……………………………..….….. RESPONDENT
RULING
1. The applicant has come to this court through a petition requesting that his sentence be reviewed in line with the provisions of section 333 of the Criminal Procedure Code (cap.75) and Article 50(2) of the Constitution.
2. In brief his request is that the period he was held in custody during trial be reduced from the sentence that was meted upon him.
3. I have not been availed the proceedings and judgment of the trial court, nor the judgment of his appeal to the High Court. I have however been availed the judgment of the Court of Appeal in Nairobi Criminal Appeal No. 81 of 2017 delivered on 24th January 2020.
4. In the appeal judgment from the Court of Appeal, it is acknowledged that the High Court appeal was Machakos HCCRA 295 of 2010, and that the judgment therein was delivered on 8th October 2015.
5. I note that in the concluding paragraph of the Court of Appeal judgment, it was stated as follows –
“For all the foregoing reasons, we reject the appeal on conviction but allow that on sentence to the extent that the enhanced term of life imprisonment is set aside and in its place the original sentence of forty (40) years imposed by the trial court is reinstated”
6. From the foregoing decision of the Court of Appeal, it is clear to me that the issue of the sentence imposed on the appellant was a live issue on appeal in the High Court and in the Court of Appeal, and both courts considered and made a determination on the issue. Thus in my view, the issue of section 333 Criminal Procedure Code on sentence cannot arise now in a separate side application or petition, as comprehensive determination on the aspects of the sentence imposed on the applicant herein, was made in the first appeal in the High Court, and also second appeal in the Court of Appeal, and was thus concluded.
7. I thus find no merits in this application for review of sentence, the same is hereby dismissed.
Delivered, signed & dated this 9th day of February 2022, in open court at Makueni.
……………………………….
George Dulu
Judge
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