[2024] KEHC 15402 (KLR)
The High Court, having already determined the applicant's appeal, is functus officio and lacks jurisdiction to entertain an application for review of sentence. The proper forum for the applicant to raise the issue of the remand period is the Court of Appeal, where his appeal is currently pending. Entertaining the...
Source-derived case information.
- Citation
- [2024] KEHC 15402 (KLR)
- Parties
- Respondent: State; Applicant: Thomas Ng'oriamock
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E004 of 2024
- Procedural Posture
- Criminal Petition / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- RPV Wendoh
- Legal Topics
- Review of Sentence, Remand Period Credit, Functus Officio, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Respondent
Thomas Ng'oriamock
Applicant
Procedural Posture
Criminal Petition / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to review the applicant's sentence after having determined his appeal.
- 2 Whether the period spent in remand should be considered in the applicant's sentence at this stage.
Ratio Decidendi
The High Court, having already determined the applicant's appeal, is functus officio and lacks jurisdiction to entertain an application for review of sentence. The proper forum for the applicant to raise the issue of the remand period is the Court of Appeal, where his appeal is currently pending. Entertaining the application at this stage would amount to an abuse of the court process. Accordingly, the application is dismissed for want of merit and jurisdiction.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
- The applicant to pursue the issue of remand period in the Court of Appeal.
Full Case Text
Judgment text and source record
19 paragraphs
State v Ng'oriamock (Criminal Petition E004 of 2024) [2024] KEHC 15402 (KLR) (19 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15402 (KLR)
Republic of Kenya
In the High Court at Kapenguria
Criminal Petition E004 of 2024
RPV Wendoh, J
November 19, 2024
Between
State
Prosecutor
and
Thomas Ng'oriamock
Accused
Ruling
1. The Applicant herein, Thomas Ng’oriamok filed an undated chamber summons on 23/2/2024 seeking an order of review of his sentence to include the time he spent in the remand. He told the court that he was convicted for offence of defilement and sentenced to 20 years imprisonment; that his appeal to the High court was dismissed and he now seeks review.
2. The prosecution counsel, Mr. Majale, opposed the application on grounds that the Applicant has appealed to the Court of Appeal and his appeal is still pending; that the High Court has already determined the appeal and has no jurisdiction to revisit the matter.
3. This matter having been on appeal by the High Court, this court is functus officio. It cannot hear an application for review.
4. The Applicant’s Appeal is pending before the Court of Appeal and he should, on the issue of the period spend in remand in that court. The application lacks merit and is an abuse of the court process and is hereby dismissed
DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 19TH DAY OF NOVEMBER, 2024. R. WENDOHJUDGERuling delivered in open Court and in the presence of:State Counsel: Mr. MajaleCourt Assistant: Juma/HellenAppellant: Virtual