Jeff Musau Mutiso v Republic

Mutiso v Republic (Revision Case E103 of 2025) [2026] KEHC 481 (KLR) (27 January 2026) (Ruling) Neutral citation: [2026] KEHC 481 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU REVISION CASE E103 OF 2025 JM NANG'EA, J JANUARY 27, 2026 BETWEEN JEFF MUSAU MUTISO ............................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant prays for invocation of the Provisions of Section 333(2) of the Criminal Procedure Code among other relevant laws in his sentencing so that the period he was in remand custody awaiting trial is taken into account. The Application is brought vide Notice of Motion dated 28th August 2025 filed herein. 2. The Prosecution Counsel (Daniel Wakasyaka) opposes the Application through written submissions dated 27th November 2025.. 3. This Court presided over by my brother (Hon. Justice H.K Chemitei) had convicted and sentenced the Applicant to 20 (twenty) years imprisonment for the ofience of Murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the Murder information were that on 11st August 2018 at Bondeni area, Nakuru East Sub-County, within Nakuru County, jointly with others not before the court, the Applicant murdered Mariam Abdallah. He had denied the charge. 4. After full trial, the Applicant was convicted and sentenced as above. 5. As to whether or not Section 333 (2) of the Criminal Procedure Code was complied with, therefore, the issue is now moot. Interfering with a decision of a court of concurrent jurisdiction ofiends the well established doctrine of stare decis which is frowned upon. 6. The Application is therefore dismissed as lacking in merit. J. M. NANG’EA, JUDGE. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/481/eng@2026-01-27 1

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