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The application before me is dated 11/6/2024.
The application comes under Article 165 (6) of the Constitution and Rule 21 of the Mutunga Rules.
He seeks that the honorable Court be pleased to grant resentence hearing.
The grounds are that;
That the applicant was charged before Machakos High Court vide High Court Criminal Case No. 24 of 2016 for an offence of murder contrary to section 203 as read with 204 of the Penal Code at Machakos High Court.
That the matter was referred back to Makueni High Court vide High Court Criminal Case No. 76 of 2017.
That the applicant was then tried, and sentenced to 25 years imprisonment by Justice H. Ongundi.
That, the applicant did not appeal to the Court of Appeal.
That, the applicant prays the court to consider that the time served as enough for retribution.
That, the applicant prays the sentence to begin from the date of arrest on 5/5/2016.
That, I have reformed and I have certificates which I will produce during the hearing of this application
The application is supported by affidavit sworn by the applicant where he reiterates the above grounds
In oral submissions the applicant seeks from this court a review of the judgment dated 19/5/2021 delivered on 15/6/2021 so as to apply Section 333 (2) of the Criminal Procedure Code.
The only issue is whether the application is merited.
Artic le 165(6);
The High Court has supervisory jurisdiction over the subordinate courts and over any person, body or authority exercising a judicial or quasi-judicial function, but not over a superior court.
This court has power to revise orders of subordinate courts but not over a superior court .
The others over which this court has the supervisory jurisdiction are any person, body or authority exercising a judicial or quasi-judicial function. The High Court does not fall in this category .
Clearly the judgment and sentence herein were pronounced by a superior court, this court hence this court is functus officio and applicant has recourse in superior court. This would be the Court of Appeal.
The Application is therefore declined.
Dated, signed and delivered this 26 th September 2025.
Mumbua T Matheka
Judge
Applicant Present virtually
CA Chrispol
Mr. Kazungu for state
'
The application before me is dated 11/6/2024.
The application comes under Article 165 (6) of the Constitution and Rule 21 of the Mutunga Rules.
He seeks that the honorable Court be pleased to grant resentence hearing.
The grounds are that;
That the applicant was charged before Machakos High Court vide High Court Criminal Case No. 24 of 2016 for an offence of murder contrary to section 203 as read with 204 of the Penal Code at Machakos High Court.
That the matter was referred back to Makueni High Court vide High Court Criminal Case No. 76 of 2017.
That the applicant was then tried, and sentenced to 25 years imprisonment by Justice H. Ongundi.
That, the applicant did not appeal to the Court of Appeal.
That, the applicant prays the court to consider that the time served as enough for retribution.
That, the applicant prays the sentence to begin from the date of arrest on 5/5/2016.
That, I have reformed and I have certificates which I will produce during the hearing of this application
The application is supported by affidavit sworn by the applicant where he reiterates the above grounds
In oral submissions the applicant seeks from this court a review of the judgment dated 19/5/2021 delivered on 15/6/2021 so as to apply Section 333 (2) of the Criminal Procedure Code.
The only issue is whether the application is merited.
Artic le 165(6);
The High Court has supervisory jurisdiction over the subordinate courts and over any person, body or authority exercising a judicial or quasi-judicial function, but not over a superior court.
This court has power to revise orders of subordinate courts but not over a superior court .
The others over which this court has the supervisory jurisdiction are any person, body or authority exercising a judicial or quasi-judicial function. The High Court does not fall in this category .
Clearly the judgment and sentence herein were pronounced by a superior court, this court hence this court is functus officio and applicant has recourse in superior court. This would be the Court of Appeal.
The Application is therefore declined.
Dated, signed and delivered this 26 th September 2025.
Mumbua T Matheka
Judge
Applicant Present virtually
CA Chrispol
Mr. Kazungu for state
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