Edward Muriuki Kamau v Republic
The bottom line
#The High Court cannot review its own earlier decision on a sentence, so a dismissed appeal truly ends the matter.
What this practically means
#Executive summary
#Key legal issues
#Whether the High Court can exercise criminal revision over its own or a concurrent court's decision
It cannot; revision under sections 362 and 364 CPC and Article 165(6) applies only to subordinate courts, and any such purported review is a nullity
Article 165(6) confers supervisory jurisdiction over subordinate courts only, not over superior courts. The Court of Appeal in Peter Ng'ang'a Muiruri v Credit Bank Ltd held that a court purporting to review decisions of concurrent or superior jurisdiction acts as a usurpation and its decision is a nullity. The applicant's sentence appeal was heard and dismissed by Waweru J, ending the matter at that level.
Whether the section 333(2) CPC remand-period deduction could now be granted
No; that issue was live in the appeal before Waweru J and, the sentence having been affirmed, this court cannot revisit it
The court found the section 333(2) issue was a live issue in the dismissed appeal and ought to have been dealt with there. Following Stephen Mugendi Ndwiga v Republic, failure by the first appellate court to consider custody time cannot be rectified by a court of concurrent jurisdiction purporting to review that decision.
Legal principles established
#- The High Court's revisionary jurisdiction under sections 362 and 364 CPC and Article 165(6) extends only to subordinate courts, not to its own decisions or those of concurrent or superior courts
- Even where revision of a subordinate court is available, it does not extend to review of lawful sentences arrived at through proper application of existing law and procedure
Court orders
#- 1.The preliminary objection is allowed
- 2.The application for sentence review is dismissed for want of jurisdiction
- On appeal from
- High Court of Kenya, Nyeri (Nanyuki)
- HC. CR APPEAL NO. 16 OF 2018
- Jurisdiction invoked
- Article 165(3) and 165(6) of the Constitution; sections 362 and 364 of the Criminal Procedure Code
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Edward Muriuki Kamau v Republic", Case Analysis (2026). Notice of Motion for sentence review (Nanyuki High Court). Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.