[2018] KEHC 359 (KLR)
The High Court held that it is functus officio and lacks jurisdiction to review a sentence that is the subject of a pending appeal before the Court of Appeal. Section 364(5) of the Criminal Procedure Code expressly prohibits the High Court from entertaining a revision application where an appeal has been filed and...
Source-derived case information.
- Citation
- [2018] KEHC 359 (KLR)
- Parties
- Applicant: Wilfred Kioji Muteria; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 109 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review Pending Appeal
- Outcome
- application dismissed
- Judges
- BB Limo
- Legal Topics
- Sentence Review, Murder Conviction, Appeal Pending, Functus Officio, Supreme Court Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Wilfred Kioji Muteria
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review Pending Appeal
Legal Issues
- 1 Whether the High Court can review a sentence when an appeal is pending before the Court of Appeal.
- 2 Whether the Supreme Court decision in Muruatetu applies to the applicant's request for sentence review in light of pending appeals.
Ratio Decidendi
The High Court held that it is functus officio and lacks jurisdiction to review a sentence that is the subject of a pending appeal before the Court of Appeal. Section 364(5) of the Criminal Procedure Code expressly prohibits the High Court from entertaining a revision application where an appeal has been filed and is pending determination. The Supreme Court decision in Muruatetu, while relevant to the constitutionality of the mandatory death sentence, does not override the statutory bar on review in cases where an appeal is pending. Therefore, the application for sentence review is incompetent and must be disallowed. The applicants are advised to pursue their appeals in the Court of Appeal.
Court Disposition
application dismissed
Orders
- The application for review of sentence is disallowed.
- Applicants are advised to pursue their appeals in the Court of Appeal.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT CHUKA
CRIMINAL REVISION NO. 109 OF 2018
REPUBLIC ............................................................................RESPONDENT
VERSUS
WILFRED KIOJI MUTERIA.................................................APPLICANT
R U L I N G
1. The applicant herein WILFRED KIOJI MUTERIA was charged and convicted of murder in this court vide Chuka High Court Murder No. 1 of2016. He was sentenced to death together with four others including Francis Murangiri Kagwima who is the applicant in Criminal Misc. CaseNo.108 of 2018.
2. The applicants were aggrieved by the decision of this court and exercised their rights to appeal which they did in Court of Appeal Nyeri as per Notice of Appeal filed herein dated 17th July, 2017.
3. The applicants have now moved this court through a Notice of Motion dated 19th April 2018 for review of their sentences in view of the Supreme Court decision in the case of Republic -vs- Francis Kariuki Muruatetu andAnother -vs- Republic [2017] eKLR. The State/Respondent has opposed the applications on grounds that the Attorney General, Director of the Public Prosecution and other agencies are yet to formulate the framework and guidelines to guide the process to review the sentences pursuant to the Supreme Court decision.
4. This court has considered the two related applications and noted that the applicants have appealed against the decision of this court and told this court that their appeal is pending for determination at the Court of Appeal under the provisions of Section 364 (5) of Criminal Procedure Code this court cannot review a matter that is a subject of an appeal.The application before me is therefore incompetent and bad in law and the same is disallowed. This court is now 'functus officio'.The applicants are advised to pursue their appeals which they have filed. This ruling shall apply to Misc.Criminal Revision No. 108 of 2018.
Dated, signed and delivered at Chuka this 6th day of November, 2018.
R. K. LIMO
JUDGE
6/11/2018
Ruling signed, dated and delivered in open court in presence of Machirah for State/Applicant and Muthomi for Respondent.
R.K. LIMO
JUDGE
6/11/2018