[2023] KEHC 1759 (KLR)
The court held that it was functus officio, having already dealt with the applicant's previous application for review of sentence and noting that an appeal had been filed in the matter. As such, the court lacked jurisdiction to entertain the current application for sentence review. The application was therefore...
Source-derived case information.
- Citation
- [2023] KEHC 1759 (KLR)
- Parties
- Applicant: Mary Wambui Njihia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E249 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Review of Sentence
- Outcome
- application struck out for want of jurisdiction (functus officio)
- Judges
- LN Mutende
- Legal Topics
- Sentence Review, Functus Officio, Remand Time Credit, Criminal Appeal, Application Struck Out
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Wambui Njihia
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the High Court can review the applicant's sentence after an appeal has been filed on the same matter.
- 2 Whether the court is functus officio in respect of the applicant's request for sentence review.
Ratio Decidendi
The court held that it was functus officio, having already dealt with the applicant's previous application for review of sentence and noting that an appeal had been filed in the matter. As such, the court lacked jurisdiction to entertain the current application for sentence review. The application was therefore struck out.
Court Disposition
application struck out for want of jurisdiction (functus officio)
Orders
- The application for review of sentence is struck out.
Full Case Text
Judgment text and source record
21 paragraphs
Njihia v Republic (Criminal Revision E249 of 2022) [2023] KEHC 1759 (KLR) (Crim) (13 March 2023) (Ruling)
Neutral citation: [2023] KEHC 1759 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Revision E249 of 2022
LN Mutende, J
March 13, 2023
Between
Mary Wambui Njihia
Applicant
and
Republic
Respondent
Ruling
1. Through an undated application filed herein on 26th September, 2022, the applicant seeks review of sentence imposed by the lower court. The substratum of the application is that the applicant was sentenced to serve three years, three months imprisonment and that time spent in remand be considered.
2. The application is opposed by the State through Mr. Kiragu, learned Prosecution Counsel, who argues that during trial the applicant was not cooperative and goods obtained by the applicant have never been recovered. He called upon the court to consider prevalence of the offence and let the offender serve the sentence so that objectives of sentences can be met.
3. The applicant herein filed Misc. Criminal Application No. 451 of 2021 seeking review of sentence. This court dealt with the matter. It declined to grant orders sought since the applicant through the firm of Ario and Co. Advocates had filed an appeal in this matter.
4. In the premises, I am functus officio. In the, application is struck out.
5. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLYTHROUGH MICROSOFT TEAMS AT NAIROBI,THIS 13TH DAY OF MARCH, 2023. L. N. MUTENDEJUDGEIN THE PRESENCE OF:ApplicantMr. Kiragu for the StateCourt Assistant – Mutai/Evance