Miriti v Republic [2022] KEHC 577 (KLR)

Miriti v Republic (Miscellaneous Criminal Application 162 of 2022) [2022] KEHC 577 (KLR) (12 May 2022) (Ruling)

Neutral citation: [2022] KEHC 577 (KLR)

Republic of Kenya

In the High Court at Meru

Miscellaneous Criminal Application 162 of 2022

TW Cherere, J

May 12, 2022

Between

Sebastian Miriti

Applicant

and

Republic

Respondent

Ruling

1. The Applicant was convicted of 4 counts in Tigania PMCR. Case. 290 of 2014 and was sentenced to serve 15 years in each count.

2. Applicant preferred an appeal in Meru Cr. Appeal NO. 99 of 1999 and the sentences were reduced to 5 years to run concurrently.

3. Applicant seeks a review of the sentence on the grounds that he suffers from diabetes, is first time offender and his family is suffering due to his incarceration.

4. Applicant’s sentence was reviewed in Meru Cr. Appeal No. 99 of 1999 and an invitation for this court to further review the sentence amounts to ask the court to sit on appeal in its own judgement which jurisdiction this court does not possess.

5. From the foregoing analysis, I have come to the conclusion that the Notice of Motion filed on March 16, 2022 is an abuse of the court and it is disallowed.

DELIVERED AT MERU THIS 12TH DAY OF MAY 2022T. W. CHEREREJUDGEAppearancesCourt Assistant - KinotiApplicant - PresentFor Applicant - Mr. Nyenyire AdvocateFor the State - Ms. Mwaniki