[2021] KEHC 9665 (KLR)
The court found that the applicant had previously filed an application for review of his sentence, which was determined in Petition No. 20 of 2020, resulting in a reduction of his sentence from life imprisonment to 20 years. As the issue of sentence review had already been conclusively determined by a competent...
Source-derived case information.
- Citation
- [2021] KEHC 9665 (KLR)
- Parties
- Applicant: Patrick Kinyua; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 139 of 2020
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application disqualified as res judicata
- Judges
- LM Njuguna
- Legal Topics
- Defilement, Sentencing Review, Pre Trial Detention, Res Judicata
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Kinyua
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the court can further review the applicant's sentence after a previous revision has already been determined.
- 2 Whether the period of pre-trial detention should be considered in the applicant's sentence under Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the applicant had previously filed an application for review of his sentence, which was determined in Petition No. 20 of 2020, resulting in a reduction of his sentence from life imprisonment to 20 years. As the issue of sentence review had already been conclusively determined by a competent court, the current application was deemed res judicata. The court held that it lacked jurisdiction to entertain a further application on the same matter, and therefore disqualified the application without considering the merits of the request regarding pre-trial detention under Section 333(2) of the Criminal Procedure Code.
Court Disposition
application disqualified as res judicata
Orders
- The application is disqualified.
- No further review of sentence will be entertained.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL REVISION NO. 139 OF 2020
PATRICK KINYUA.........................PETITIONER
VERSUS
REPUBLIC..................................RESPONDENT
RULING
1. The applicant herein was on 6th day of June, 2011 arraigned in the Senior Principal Magistrate’s Court at Siakago and charged with the offence of Defilement contrary to Section 8(1)(2) of the Sexual Offences Act No. 3 of 2006.
2. He also faced the alternative charge of Indecent Act with a child contrary to Section 11(1) of the Sexual Offences Act No. 3 of 2006. The trial court found him guilty of the main charge and sentenced him to life imprisonment. He appealed against the conviction and the sentence of the High Court but the appeal was dismissed.
3. He later filed a petition for revision of the sentence which was allowed by the court and consequently the life sentence imposed by the trial court was set aside and substituted with an order sentencing the applicant to serve 20 years imprisonment with effect from the date he was sentenced by the trial court.
4. The applicant has now moved this court for a further review of the sentence, in which he has urged the court to take into account the pre-trial detention period as part of the imposed sentence of 20 years in compliance with Section 333(2) of the Criminal Procedure Code.
5. In her response, counsel for the applicant submitted that the petitioner has been heard on an application for review and his sentence was reduced from life sentence to 20 years imprisonment. This was in Petition No. 20 of 2020 and the ruling in that petition was delivered on the 23rd October, 2020.
6. The court has considered the application and the submissions by both the applicant and counsel for the respondent.
7. The court is able to confirm from the record that, indeed the applicant filed an application for review in Petition No. 20 of 2020 and the court pronounced itself on the same case by reducing the sentence imposed on the applicant from life sentence to 20 years imprisonment.
8. That being the case, the application herein is res judicataand the court lacks jurisdiction to entertain it.
9. It is hereby disqualified.
10. It is so ordered.
Delivered, dated and signed at Embu this 20th day of January, 2021.
L. NJUGUNA
JUDGE
...............................................for the Appellant
............................................for the Respondent