REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI HIGH COURT CRIMINAL REVISION CASE NO. E020 OF 2026 JOHN MAINA NDIRANGU…………….……………..…….APPLICANT -VERSUSREPUBLIC……………………………………………….....RESPONDENT RULING 1. The Applicant JOHN MAINA NDIRANGU has filed an application seeking to have the period which he spent in presentence custody factored in his sentence. 2. This is a matter in which the applicant has exhausted all the avenues of appeal. The Applicant filed an appeal in the High Court being HC CR Appeal No. 20 of 2017. Vide a judgement delivered on 26th July 2017 the appeal was dismissed. 3. The applicant moved to the court of Appeal vide Criminal Appeal No.1 24 of 2017. That appeal was also dismissed in its entirety vide the judgment delivered on 24th August 2023. HC CRIMINAL REVISION NO. E020/2026 RULING Page 1 of 2
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4. Article 165 (6) of the Constitution of Kenya 2010 provides that “The High Court has supervisory jurisdiction over the Subordinate courts and over any person body or authority exercising a Judicial or quasi-judicial function but not over a superior court.” [Own emphasis] 5. This Court cannot vary and/or alter the judgment of the court of Appeal. This application is therefore a non-starter and is hereby struck out. No orders on costs. Dated in Nyeri this 31st day of July 2026. …………………….… MAUREEN A. ODERO JUDGE HC CRIMINAL REVISION NO. E020/2026 RULING Page 2 of 2
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