REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU MISCELLANEOUS CRIMINAL APPLICATION NO. E030 OF 2026 JOSEPH KARIUKI KAIRU ……………......……….……….. APPLICANT -VERSUSREPUBLIC ……..………….……..………..…………...….. RESPONDENT RULING 1. The Applicant prays for review of a sentence of 15 years meted out against him in this court’s Criminal File No. E006 of 2022 in which he was charged with and convicted of the offence of murder contrary to section 203 as read with section 204 of the Criminal Procedure Code. The Application is brought pursuant to Nakuru H.C. Misc.Criminal E030 of 2026 Page 1
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sections 362 and Code 364 of the Criminal Procedure among other relevant laws. He pleads that he was a minor when he committed the offence and is remorseful. 2. The Prosecution Counsel (Daniel Wakasyaka) opposes the written submissions dated 22nd Application vide brief June 2026 . He submits that this court is functus officio having convicted and sentenced the Applicant. 3. This Court had convicted and sentenced the Applicant to 15 (fifteen ) years imprisonment for the offence of Murder contrary to section 203 as read with section 204 of the Penal Code. He had been charged that on 20th January 2022 at Ikerero area in Nakuru North Sub- County, Nakuru County, he murdered Benson Rubia Mukatia. 4. The Applicant entered plea of “not guilty’’ to the charge , and after full trial he was convicted and sentenced as stated hereinabove. He has not lodged an appeal to the Court of Appeal, Application.instead. Nakuru H.C. Misc.Criminal E030 of 2026 Page 2 choosing to bring this
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5. Before reaching a decision on sentence, the court considered inter alia the Parties’ submissions and the Probation report Officer’s before pronouncing the sentence. As correctly stated by the Prosecution Counsel, this court is functus officio after sentencing the Applicant. It has no jurisdiction to revisit the case. 6. The Application is therefore dismissed as lacking in merit. J. M. NANG’EA, JUDGE. Ruling delivered this 21st day of July, 2026 in the presence of: Mr Wakasyaka for the DPP. The Applicant. The Court Assistant (Jeniffer). J. M. NANG’EA, JUDGE. Nakuru H.C. Misc.Criminal E030 of 2026 Page 3
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