[2024] KEHC 13680 (KLR)
The court held that it cannot proceed to determine the application for revision of sentence without the original proceedings from Chuka High Court Criminal Case No.6/2019. The withdrawal of the appeal in the Court of Appeal removes the bar to revision, but the absence of the record prevents substantive...
Source-derived case information.
- Citation
- [2024] KEHC 13680 (KLR)
- Parties
- Applicant: Republic; Respondent: Michael Muthee Nderi
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E022 of 2023
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Preliminary Directions
- Outcome
- directions issued; no substantive determination on revision application
- Judges
- LW Gitari
- Legal Topics
- Criminal Revision, Sentence Review, Appeal Withdrawal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Michael Muthee Nderi
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Preliminary Directions
Legal Issues
- 1 Whether the court can proceed to review the sentence in the absence of the original case proceedings.
- 2 Whether the withdrawal of the appeal in the Court of Appeal reopens the possibility of revision in the High Court.
Ratio Decidendi
The court held that it cannot proceed to determine the application for revision of sentence without the original proceedings from Chuka High Court Criminal Case No.6/2019. The withdrawal of the appeal in the Court of Appeal removes the bar to revision, but the absence of the record prevents substantive consideration. The court therefore directed the Deputy Registrar to avail the proceedings and serve them on the respondent to enable the filing of submissions.
Court Disposition
directions issued; no substantive determination on revision application
Orders
- The Deputy Registrar is ordered to avail the proceedings in High Court Chuka Criminal Case No.6/2019.
- The proceedings be served on the respondent to enable them to file submissions to the petition.
Full Case Text
Judgment text and source record
17 paragraphs
Republic v Nderi (Criminal Miscellaneous Application E022 of 2023) [2024] KEHC 13680 (KLR) (18 July 2024) (Ruling)
Neutral citation: [2024] KEHC 13680 (KLR)
Republic of Kenya
In the High Court at Chuka
Criminal Miscellaneous Application E022 of 2023
LW Gitari, J
July 18, 2024
Between
Republic
Applicant
and
Michael Muthee Nderi
Respondent
Ruling
1. The applicant had filed a Criminal Revision seeking a review of the sentence passed on him in Chuka High Court Criminal Case No.6/2019. The record shows that on 29/6/2021 that application was dismissed as he had filed an appeal in the Court of Appeal which was still pending. The Appeal in the Court of Appeal was marked as withdrawn on 27/9/2023 as per the order of that court which is annexed to the Appellant’s submissions. The applicant has filed submissions in High Court Misc. Application which as I have observed above was dismissed by this court. The submissions were filed in Misc. Criminal Application No.E022/2023. In his submissions the applicant states that he was convicted in the High Court Chuka Criminal Case No.6/2019. The proceedings in that court file have not been availed to this court and the court is not able to ascertain what transpired in that file.
2. I therefore make an order that the Deputy Registrar do avail the High Court Chuka Criminal case No.6/2019. The proceedings therein be served on the Respondent to enable them to file their submissions to the petition.
DATED, SIGNED AND DELIVERED AT CHUKA THIS 18TH DAY OF JULY 2024. L.W. GITARIJUDGE