Stephen Kata Mwanzia v Republic

Mwanzia v Republic (Miscellaneous Criminal Application E008 of 2022) [2023] KEHC 2580 (KLR) (29 March 2023) (Ruling) Neutral citation: [2023] KEHC 2580 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT GARISSA MISCELLANEOUS CRIMINAL APPLICATION E008 OF 2022 JN ONYIEGO, J MARCH 29, 2023 IN THE MATTER OF AN INTENDED APPEAL BETWEEN STEPHEN KATA MWANZIA ................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was originally charged with the ofience of robbery with violence contrary to section 296 (2) of the Penal code before Mwingi Law CourtS. Upon returning a plea of not guilty, the matter proceeded to full trial. He was eventually convicted and sentenced to death. 2. He later appealed to the High court under High Court Criminal appeal number 91 of 2012 where the lower court decision was upheld He later appealed to the Court of Appeal vide Cr Appeal Number 61/2012 which reduced the sentence to 20 years imprisonment. 3. He has now moved this court vide Chamber summons filed on 5-4-2022 seeking review of the sentence by factoring the period spent in remand custody. 4. The State /Respondent have opposed the application on grounds that the Court is functus officio and that the application is incompetent. 5. I have considered the application herein and the response thereof. It Is trite law that this court is duty bound to consider the period spent in remand custody before rendering sentence pursuant to Section 333 (2) of the Criminal Procedure Code. 6. In the instant case, the case has gone up to the court of appeal where sentence was reduced from death penalty to 20 years imprisonment. https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/2580/eng@2023-03-29 1

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