John Nderitu Mwangi v Republic

Mwangi v Republic (Criminal Petition E001 of 2024) [2025] KEHC 2213 (KLR) (21 January 2025) (Ruling) Neutral citation: [2025] KEHC 2213 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAHURURU CRIMINAL PETITION E001 OF 2024 LN MUTENDE, J JANUARY 21, 2025 BETWEEN JOHN NDERITU MWANGI .................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. John Nderitu Mwangi, the Applicant, was arraigned having committed the ofience of Defilement. After full trial he was convicted and sentenced for the ofience of Defilement whereby he was to serve thirty (30) years imprisonment. 2. Aggrieved, the Applicant profiered an appeal to the High Court presided over by C. Kariuki J who afirmed the conviction, but, interfered with the sentence which he reduced to fifteen (15) years imprisonment. 3. Through an un-dated application filed herein on 16th February, 2024, the Applicant petitioned this court to intervene pursuant to Article 27(1) of the Constitution and to compute the sentence pursuant to Section 333(2) of the Criminal Procedure Code. 4. It is trite that every person should be protected and benefit from the law (see Article 27(1) of the Constitution). Article 50(2) (q) of the Constitution in granting every accused person the right to fair trial also provides for the right either to appeal or seek review upon conviction. 5. It is a principle of the law that a court that renders a decision becomes functus oficio. It cannot re-open the question that has been determined conclusively. This court, presided over by Kariuki J determined the question of sentence which it found excessive and harsh hence reduced it. The court having decided on sentence it cannot unsettle the issue that was determined. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/2213/eng@2025-01-21 1

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