[2025] KEHC 4195 (KLR)
The High Court held that it lacked jurisdiction to review the applicant's sentence after having already determined his appeal. The applicant's request to have the period spent in remand considered under section 333(1) of the Criminal Procedure Code should have been raised during the appeal. Since the appeal was...
Source-derived case information.
- Citation
- [2025] KEHC 4195 (KLR)
- Parties
- Applicant: Geoffrey Nyongesa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E007 of 2025
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Review
- Outcome
- application dismissed
- Judges
- RPV Wendoh
- Legal Topics
- Sentence Review, Remand Period Credit, Jurisdiction of High Court, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Nyongesa
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 the applicant's sentence after dismissal of his appeal.
- 2 Whether the period spent in remand should be considered in the applicant's sentence under section 333(1) of the Criminal Procedure Code.
Ratio Decidendi
The High Court held that it lacked jurisdiction to review the applicant's sentence after having already determined his appeal. The applicant's request to have the period spent in remand considered under section 333(1) of the Criminal Procedure Code should have been raised during the appeal. Since the appeal was dismissed and the issue was not addressed at that stage, the applicant's only recourse is to move to the Court of Appeal. The application for sentence review was therefore dismissed for want of jurisdiction and merit.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Nyongesa v Republic (Miscellaneous Criminal Application E007 of 2025) [2025] KEHC 4195 (KLR) (1 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4195 (KLR)
Republic of Kenya
In the High Court at Kapenguria
Miscellaneous Criminal Application E007 of 2025
RPV Wendoh, J
April 1, 2025
Between
Geoffrey Nyongesa
Applicant
and
Republic
Respondent
Ruling
1. Geoffrey Nyongesa was convicted for the offence of defilement and sentenced to fifteen (15) years imprisonment on 16/10/2015.
2. The applicant filed an appeal to the High Court Kapenguria in HCCR.A 25/2015 and On 29/9/2026 Justice Githinji dismissed the appeal.
3. He has filed an application seeking review of his sentence pursuant to section 333(1) of the CPC, that the period spent in remand be considered in the sentence.
4. The Prosecution Counsel opposed the application for reasons that the applicant has already been heard by this court on appeal and if he is aggrieved, he should move to the Court of Appeal. I agree with the prosecution Counsel. This court has no jurisdiction to
5. entertain this application because the applicant has already been heard by this court on appeal. If Section 333(1) was not considered by the trial court, he should have raised it during his appeal. If he is still aggrieved, he should move to the Court of Appeal for redress. The application lacks merit and is dismissed.File closed.
DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 1ST DAY OF APRIL, 2025R. WENDOH.JUDGE.Judgment delivered in Open Court in the presence of; -Mr. Majale for the StateApplicant – presentJuma/Hellen - Court Assistants