Mbirithia v Director of Public Prosecution [2024] KEHC 12370 (KLR)

Mbirithia v Director of Public Prosecution (Revision Case E211 of 2024) [2024] KEHC 12370 (KLR) (16 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12370 (KLR)

Republic of Kenya

In the High Court at Meru

Revision Case E211 of 2024

HM Nyaga, J

October 16, 2024

N THE MATTER OF: CONTRAVENTION OF RIGHTS OR FUNDAMENTAL FREEDOMS UNDER ARTICLE 19,20,222,23,25,27,28,50,51,159 AND 165 OF THECONSTITUION OF KENYA AND ALL OTHER ENALBING POWERS AND PROVISIONS OF THE LAW AND IN THE MATTER OF: APPLICATION AND ENFORCEMENT OF SECTION 333 (2) OF THE CRIMINAL PROCEDURE CODE IN RELATION TO SENTENCE THAT HAS NOT FACTORED THE TIME SPEND IN CUSTODY AND IN THE MATTER OF AHAMAD ABOLFATHI MOHAMMAD AND ANOTHER VS REPUBLIC (2018) EKLR BETHWEL WILSON KIBOR VS REPUBLIC

Between

Julius Kiunga Mbirithia

Applicant

and

Director of Public Prosecution

Respondent

Ruling

1. Court: Applicant was before Hon Justice Cherere in Petition No E024 of 2023.

2. The court considered Section 333 (2) CPC in in imposing the 30 year sentence. This court lacks Jurisidiction to revisit the issue.

3. Application dismissed with orders that the Applicant should not file any further application here.

File closed.

H. M. NYAGAJUDGEDATED, SIGNED AND DELIVERED AT MERU THIS 16THDAY OF OCTOBER 2024.