https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8375
The High Court lacked jurisdiction to review the sentence it imposed in 2020 and also lacked jurisdiction to deal with any complaint about the alleged sentence in Kibera CM's Criminal Case No. 3094 of 2011. Both miscellaneous applications were therefore incompetent and were struck out.
Source-derived case information.
- Citation
- [2026] KEHC 8375 (KLR)
- Parties
- Applicant: Peter Mwongela Kamene; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E049 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Consolidated Applications
- Outcome
- Both applications struck out
- Judges
- ["CW Meoli"]
- Legal Topics
- Review of Sentence, Struck Out Application, Consolidated Miscellaneous Applications, Lack of Jurisdiction to Revisit Sentence, Sentence Interpretation, Post Conviction Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mwongela Kamene
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Consolidated Applications
Legal Issues
- 1 Whether the High Court had jurisdiction to review a sentence it had already imposed in 2020
- 2 Whether the court could entertain an application concerning a sentence from Kibera CM's Criminal Case No. 3094 of 2011
- 3 Whether the miscellaneous criminal applications were competent or should be struck out
Ratio Decidendi
The High Court lacked jurisdiction to review the sentence it imposed in 2020 and also lacked jurisdiction to deal with any complaint about the alleged sentence in Kibera CM's Criminal Case No. 3094 of 2011. Both miscellaneous applications were therefore incompetent and were struck out.
Court Disposition
Both applications struck out
Orders
- Application dated 8 April 2024 in Misc. Criminal Application No. E032 of 2024 struck out.
- Undated motion supported by affidavit sworn on 17 September 2025 in Misc. Criminal Application No. E049 of 2025 struck out.
Full Case Text
Judgment text and source record
1 paragraphs
Kamene v Republic (Miscellaneous Criminal Application E049 & E032 of 2024 (Consolidated)) [2026] KEHC 8375 (KLR) (9 June 2026) (Ruling) Neutral citation: [2026] KEHC 8375 (KLR) Republic of Kenya In the High Court at Kajiado Miscellaneous Criminal Application E049 & E032 of 2024 (Consolidated) CW Meoli, J June 9, 2026 (Arising from Kajiado HCRC NO. 18 of 2016) Between Peter Mwongela Kamene Applicant and Republic Respondent Ruling 1.The Applicant Peter Mwongela Kamene was tried by this court in HCRC No. 18 of 2016 for the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code. 2.By a judgment delivered on 9.08.2019 he was found guilty and convicted. Following mitigation on 22.07.2020, he was on 2.09.2020 sentenced to serve twenty five (25) years imprisonment from 8th July 2016. It appears from the record in HCRC No. 18 of 2016 that he subsequently filed a notice of appeal to the Court of Appeal on 15th September 2020. The fate of the appeal is unknown. 3.However in 2024 the Applicant filed Misc. Criminal Application No. E032 of 2024 before this court seeking by his application dated 8.04.2024 a review of his sentence which he described as harsh and excessive. 4.That application has been pending, but in any event, the High Court having earlier heard his mitigation and passed its sentence in 2020 was bereft of further jurisdiction in the matter. That application dated 8.04.2024 cannot be entertained by this court and is hereby struck out. 5.Undeterred, the Applicant filed a second undated application supported by an affidavit sworn on 17.09.2025 in Misc. Criminal Application No. E049 of 2025. Although no express prayers are discernible from the motion itself, it appears from his supporting affidavit that what the Applicant is seeking is an interpretation of his two sentences, one in Kajiado HCRC No. 18 of 2016 and the other allegedly passed in Kibera CM’s Criminal Case No. 3094 of 2011 awarding him 8 years imprisonment, as well as review of the sentence of 25 years imprisonment term by this court. 6.This court is not seized of the criminal case before the CM’s Court at Kibera and cannot entertain any challenge or application concerning the sentence awarded therein. What the court can confirm however from the record in Kajiado HCRC No. 18 of 2016 which is before it is that the Applicant was sentenced to serve twenty five years imprisonment on 2.09.2020, with effect from 8th July 2016. As documented in the committal warrant addressed to the officer in Charge G.K. Prison Kamiti, and dated 2nd September 2020, a copy of which is in the record. 7.The second motion is equally misconceived. This court has no jurisdiction to review the sentence passed by a Judge of this court in 2020, or to entertain issues concerning a sentence in a criminal case before the CM’s Court at Kibera, which is not within its jurisdiction. 8.The motion supported by affidavit dated 17th September 2025 must fail therefore and is struck out. The court directs that this order be uploaded on the CTS and emailed to the prison where the Applicant is currently held. 9.The two miscellaneous criminal files to be closed and HCRC No. 18 of 2016 returned to its proper archive. C. MEOLIJUDGE9.06.2026