Case ID:165574

Dominic Nzangi Kimeu v Republic [2020] eKLR

Case Metadata

Case Number:

Miscellaneous Criminal Application18 of 2020

Parties:

Dominic Nzangi Kimeu v Republic

Date Delivered:

27 Oct 2020

Case Class:

Criminal

Court:

High Court at Machakos

Case Action:

Ruling

Judge(s):

David Kipyegomen Kemei

Citation:

Dominic Nzangi Kimeu v Republic [2020] eKLR

Court Division:

Criminal

County:

Machakos

Case Outcome:

Applicant’s application dismissed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC

OF KENYA

IN THE HIGH COURT OF KENYA

AT MACHAKOS

Coram: D. K. Kemei - J

MISC. CRIMINAL APPL. NO.18 OF 2020

DOMINIC NZANGI KIMEU.........................................................APPLICANT

VERSUS

REPUBLIC..................................................................................RESPONDENT

RULING

1. The Applicant in a series of chequered applications has approached this court yet again and this time seeking to invoke section 333(2) of the Criminal Procedure Code for revision of sentence.

2. The applicant seeks that the court make orders that the 2 years, 6 months and 6 days that he was in custody he considered. He also seeks that the sentence be reduced to the time served.

3. The application was disposed of by way of written submissions. The applicant pointed out to court that he was arrested on 13.12.2012 and that he failed to raise the bond of Kshs 500,000/- hence he remained in custody. He sought that the sentence be reduced to time served and indicated that he has acquired various skills as evidenced by the certificates attached to the submissions. Mr. Martin Mwongera, prosecution counsel opposed the application.

4. The issue for determination is whether the court may grant the order sought.

5. The court had severally pointed out vide ruling delivered by this court on 11.6.2019 as well as that rendered by Hon Justice Odunga on 17.1.2020 that this court is functus officio meaning that this court cannot reduce the sentence meted on the applicant to time served.

6. Vide this court’s ruling dated 11.6.2019 it was pointed out that the Applicant’s request to have the judgement altered would amount to this court sitting on appeal and hence any appeals against an order from the high court can only be heard and determined by the Court of Appeal by dint of Article 164(3)(a) of the Constitution. This court must point out to the applicant that the court is already functus officio and the only recourse is for him to move to the Court of Appeal for further redress.

7. In the result the Applicant’s application filed on 29.1.2020 lacks merit. The same is dismissed.

It is so ordered.

Dated and delivered at Machakos this 27

th

day of October,2020.

D. K. Kemei

Judge