[2022] KEHC 10694 (KLR)
The High Court lacks jurisdiction to review or vary a sentence that has already been confirmed by the Court of Appeal, as the appellate court is superior and its decisions are binding on the High Court. Section 333(2) of the Criminal Procedure Code does not empower the High Court to revisit or alter sentences that...
Source-derived case information.
- Citation
- [2022] KEHC 10694 (KLR)
- Parties
- Applicant: Johana Munyao Mweni; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E253 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Review After Conviction and Appeal
- Outcome
- application dismissed
- Judges
- LN Mutende
- Legal Topics
- Sentence Review, Jurisdiction of High Court, Effect of Appeal, Murder Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Johana Munyao Mweni
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Review After Conviction and Appeal
Legal Issues
- 1 Whether the High Court has jurisdiction to review a sentence already confirmed by the Court of Appeal.
- 2 Whether Section 333(2) of the Criminal Procedure Code entitles the applicant to a review of sentence after appellate confirmation.
Ratio Decidendi
The High Court lacks jurisdiction to review or vary a sentence that has already been confirmed by the Court of Appeal, as the appellate court is superior and its decisions are binding on the High Court. Section 333(2) of the Criminal Procedure Code does not empower the High Court to revisit or alter sentences that have been affirmed by the Court of Appeal. The application for review is therefore incompetent and must be dismissed for want of jurisdiction.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
Mweni v Republic (Miscellaneous Criminal Application E253 of 2021) [2022] KEHC 10694 (KLR) (Crim) (29 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10694 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Application E253 of 2021
LN Mutende, J
June 29, 2022
Between
Johana Munyao Mweni
Applicant
and
Republic
Respondent
(Wakiaga J. who found him guilty for the offence of murder Criminal Case 40 of 2015 )
Ruling
1. The applicant was charged and tried by Wakiaga J. who found him guilty for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. He was convicted and sentenced to serve 35 years imprisonment.
2. Aggrieved, he appealed to the Court of Appeal that confirmed the sentence meted out on the 23rd September 2020.
3. Pursuant to the provisions of Section 333(2) of the Criminal Procedure Code the applicant seeks review of the sentence.
4. This court is of concurrent jurisdiction with the one presided over by Wakiaga J. I would therefore not be seized of jurisdiction to unsettle orders of the Court of Appeal being a superior court to the instant one.
5. Accordingly, the application fails and is dismissed.
6. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI, THIS 29TH DAY OF JUNE, 2022. L. N. MUTENDEJUDGEIN THE PRESENCE OF:ApplicantMr. Kiragu for the StateCourt Assistant - Mutai