[2022] KEHC 1835 (KLR)
The High Court held that it was functus officio after having already determined the appeal and reduced the sentence. As such, it lacked jurisdiction to entertain or determine the application for review of the sentence. The court further held that transferring the application to another division of the High Court...
Source-derived case information.
- Citation
- [2022] KEHC 1835 (KLR)
- Parties
- Appellant: Patrick Muthiani Mutili; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 178 of 2017
- Procedural Posture
- Criminal Appeal / Application for Review of Sentence After Appeal Judgment
- Outcome
- application dismissed
- Legal Topics
- Defilement Offence, Sentencing Review, Functus Officio, Sexual Offences Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Muthiani Mutili
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Review of Sentence After Appeal Judgment
Legal Issues
- 1 Whether the High Court has jurisdiction to review a sentence after it has already determined the appeal and reduced the sentence.
- 2 Whether the application for review can be transferred to another division of the High Court.
Ratio Decidendi
The High Court held that it was functus officio after having already determined the appeal and reduced the sentence. As such, it lacked jurisdiction to entertain or determine the application for review of the sentence. The court further held that transferring the application to another division of the High Court would be futile, as all divisions are equally functus officio in respect of the matter. The application was therefore dismissed in its entirety.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed in its entirety.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL APPEAL NO. 178 OF 2017
PATRICK MUTHIANI MUTILI.........................................APPELLANT
VERSUS
REPUBLIC.........................................................................RESPONDENT
RULING AND ORDER
The applicant appealed to this court vide Nairobi High Court Criminal Appeal No. 178 of 2017. The court (Kimaru, J) reduced the sentence of 20 years to 15 years imprisonment in respect of the offence of defilement Contrary to Section 8 (i) as read with Section 8 (3) of the Sexual Offences Act.
This court therefore is functus officio and cannot now entertain and determine the application for review of the sentence.
Any division of this court whether the Human Rights and Constitutional Petition or Judicial Review Division is similarly functus officio. It therefore follows that it is an exercise in futility to transfer the application to the Human Rights and Constitutional division.
In the premises, the application fails and hereby dismissed in its entirety.
RULING AND ORDER DATED, SIGNED AND DELIVERED IN OPEN COURT AT NAIROBI THROUGH VIDEO CONFERENCE THIS 8TH DAY OF MARCH 2022.
J. M. BWONWONG’A
JUDGE
08/3/2022
Right of Appeal explained.
In the presence of-
1. Mr. Kinyua: Court Assistant
2. The Applicant: Present in person (in prison)
3. Ms. Joy for the Respondent