[2022] KEHC 18049 (KLR)
The High Court held that it lacks jurisdiction to review or alter a sentence imposed by a court of equal and concurrent jurisdiction. The trial judge who sentenced the applicant had already considered the period spent in remand custody, as required by Section 333(2) of the Criminal Procedure Code. Therefore, the...
Source-derived case information.
- Citation
- [2022] KEHC 18049 (KLR)
- Parties
- Appellant: Pamela Nasimiyu Wetangula; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E040 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Consideration of Remand Period as Part of Sentence
- Outcome
- application dismissed
- Judges
- REA Ougo
- Legal Topics
- Sentencing Review, Remand Period Credit, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pamela Nasimiyu Wetangula
Appellant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Consideration of Remand Period as Part of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to review a sentence imposed by a court of equal and concurrent jurisdiction.
- 2 Whether the period spent in remand custody should be considered as part of the sentence served under Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The High Court held that it lacks jurisdiction to review or alter a sentence imposed by a court of equal and concurrent jurisdiction. The trial judge who sentenced the applicant had already considered the period spent in remand custody, as required by Section 333(2) of the Criminal Procedure Code. Therefore, the application seeking further consideration of the remand period was without merit and had to be dismissed. The applicant was advised that her recourse, if dissatisfied, lay with the Court of Appeal.
Court Disposition
application dismissed
Orders
- The application filed on November 3, 2022 is dismissed.
- The applicant shall continue serving the sentence imposed by the trial court.
Full Case Text
Judgment text and source record
17 paragraphs
Wetangula v Republic (Miscellaneous Criminal Application E040 of 2022) [2022] KEHC 18049 (KLR) (14 December 2022) (Ruling)
Neutral citation: [2022] KEHC 18049 (KLR)
Republic of Kenya
In the High Court at Bungoma
Miscellaneous Criminal Application E040 of 2022
REA Ougo, J
December 14, 2022
Between
Pamela Nasimiyu Wetangula
Appellant
and
Republic
Respondent
Ruling
1. By a Notice of Motion filed in court on the November 3, 2022 the applicant Pamela Nasimiyu Wetangula seeks to this court to consider the period of 3 years as part of the sentence served as enshrined in the provisions of Section 33(2) of the Criminal Procedure Code in line with the Court of Appeal ruling in Ahmed Abolifathi Mohammed and Another vrs R 2018 eKLR. That the 3 years period in remand to be considered as part of the sentence served in criminal case No 22 of 2014 in the High Court.
2. The application was opposed. M/s Omondi for the state submitted that the applicant was convicted by a court of similar jurisdiction and was jailed for 15 years. In alternative offence the applicant was convicted of attracts life imprisonment. That the court considered the 4 year period she was in remand. That this court cannot review the sentence on a Ruling sentencing the applicant to 15 years. The trial judge indicated that she had considered the 4 years spent in remand before sentence. The court which sentenced the applicant is a court of equal jurisdiction. I cannot review the said decision as I lack the jurisdiction to do so and further I would be sitting on appeal on a decision of equal and concurrent jurisdiction. I therefore find no merit in the application filed in court on the November 3, 2022. It is dismissed. The applicant shall continue severing the sentence. She also has a right to move to the Court of Appeal if she is still dissatisfied with this court’s decision. File is closed.
DATED, SIGNED, AND DELIVERED AT BUNGOMA THIS 14TH DAY OF DECEMBER, 2022R.E. OUGOJUDGEIn the presence of:Ms Omondi – State CounselMs Wilkister – Court Assistant.Pamela Nasimiyu Wetangula – present online.