A. INTRODUCTION
1. The Applicant was arrested and charged in this Court, High Court Criminal Case No. E064 of 2021, with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. Pursuant to a plea bargaining agreement which he voluntarily entered into and consented to, he was convicted of the lesser offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. He was sentenced on 20th July 2023 to serve 20 years' imprisonment.
2. By an undated Notice of Motion, the Applicant seeks a review of that sentence to a more lenient one. He prays that the remainder of the sentence be commuted to a non-custodial sentence. The Application is premised on the grounds that he is not appealing the sentence, and that this Court has competent jurisdiction to hear and determine the Application under Article 165(3)(b) of the Constitution.
3. He further told the Court that he has less than two years to complete his sentence and prays for the mercy of the court.
4. The prosecution opposed the Application
5. This sentence was passed by this Court in the exercise of its original criminal jurisdiction, not by a subordinate court. The revisionary jurisdiction conferred by Sections 362 and 364 of the Criminal Procedure Code enables the High Court to call for and examine the record of a subordinate court; it does not empower this Court to sit in revision over its own final orders. Having pronounced sentence, this Court is functus officio as to the substantive appropriateness of that sentence. The Applicant can however benefit from the period while at remand custody and the same be computed into his sentence.
Delivered at Kericho on 30th July 2026
1. The Applicant was arrested and charged in this Court, High Court Criminal Case No. E064 of 2021, with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. Pursuant to a plea bargaining agreement which he voluntarily entered into and consented to, he was convicted of the lesser offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. He was sentenced on 20th July 2023 to serve 20 years' imprisonment.
2. By an undated Notice of Motion, the Applicant seeks a review of that sentence to a more lenient one. He prays that the remainder of the sentence be commuted to a non-custodial sentence. The Application is premised on the grounds that he is not appealing the sentence, and that this Court has competent jurisdiction to hear and determine the Application under Article 165(3)(b) of the Constitution.
3. He further told the Court that he has less than two years to complete his sentence and prays for the mercy of the court.
4. The prosecution opposed the Application
5. This sentence was passed by this Court in the exercise of its original criminal jurisdiction, not by a subordinate court. The revisionary jurisdiction conferred by Sections 362 and 364 of the Criminal Procedure Code enables the High Court to call for and examine the record of a subordinate court; it does not empower this Court to sit in revision over its own final orders. Having pronounced sentence, this Court is functus officio as to the substantive appropriateness of that sentence. The Applicant can however benefit from the period while at remand custody and the same be computed into his sentence.
Delivered at Kericho on 30th July 2026