[2007] KEHC 539 (KLR)
The court held that it lacked jurisdiction to grant the orders sought by the applicant because the relevant sections of the Criminal Procedure Code do not empower the High Court to order sentences from separate cases to run concurrently after the appeals have been dismissed. The proper forum for any further...
Source-derived case information.
- Citation
- [2007] KEHC 539 (KLR)
- Parties
- Applicant: Stephen Mungai Njoroge; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 579 of 2004
- Procedural Posture
- Miscellaneous Application / Ruling on Chamber Summons
- Outcome
- application dismissed
- Judges
- GMA Dulu
- Legal Topics
- Concurrent Sentences, Jurisdiction of High Court, Review of Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Mungai Njoroge
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Chamber Summons
Legal Issues
- 1 Whether the High Court has jurisdiction to order sentences from separate cases to run concurrently after appeals have been dismissed.
- 2 Whether a Chamber Summons can be used to seek review of sentences already determined on appeal.
Ratio Decidendi
The court held that it lacked jurisdiction to grant the orders sought by the applicant because the relevant sections of the Criminal Procedure Code do not empower the High Court to order sentences from separate cases to run concurrently after the appeals have been dismissed. The proper forum for any further challenge was the Court of Appeal, not a fresh application to the High Court. The application was therefore misconceived and without merit.
Court Disposition
application dismissed
Orders
- The Chamber Summons application is dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Misc. Crim. Appli. 579 of 2004
STEPHEN MUNGAI NJOROGE………………………………………APPLICANT
VERSUS
REPUBLIC…………………………………………………………..RESPONDENT
RULING
Before me is a Chamber Summons filed on 22nd September 2004 by the applicant STEPHEN MUNGAI NJOROGE, who is in prison at Kamiti Main Prison. The applicant seeks for the following orders –
“That the Hon. High Court in exercise of its powers under section 12, 69, 135(1) of the Criminal Procedure Code and all enabling provisions under the original jurisdiction of the High Court of Kenya be pleased to order that the sentence imposed upon (him) in criminal case file Nos. 77 & 78/02 of Kibera and High Court Criminal Appeal Nos. 588 & 591/02 run concurrently”.
The application is supported by an affidavit sworn by the applicant on 24th September 2004.
Learned State Counsel, Mrs. Obuo opposed the application, on the ground that this court has no jurisdiction to grant the orders sought.
I have perused all the sections of law cited by the applicant. None of them empowers the High Court to consolidate sentences that were meted out separately by the subordinate court. In any event, as deponed and averred by the applicant, appeals to the High Court have already been dismissed. The issues raised in the application should have been raised in the appeal for the court’s consideration. Two appeals in the subject matter herein have already been determined. If the appellant is dissatisfied with the decision of the High Court on appeal, then the recourse open to him would for him to file an appeal the court of Appeal, in accordance with the provisions of the law. He cannot file a Chamber Summons application to the High Court to review its decision in the appeals which have already been determined.
I find no merits in the application. It is misconceived and dismiss the same.
Dated and delivered at Nairobi this 22nd June 2007.
George Dulu
Judge