Mutitu v Republic [2024] KEHC 3583 (KLR)

Mutitu v Republic (Criminal Revision 103 of 2024) [2024] KEHC 3583 (KLR) (15 April 2024) (Ruling)

Neutral citation: [2024] KEHC 3583 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 103 of 2024

DR Kavedza, J

April 15, 2024

Between

Lucy Catherine Mutitu

Applicant

and

Republic

Respondent

Ruling

1. This matter has been brought to me under the Prison Decongestion Exercise been undertaken by this court.

2. The applicant pleaded guilty on three counts for the offence of obtaining money by false pretenses contrary to section 313 of the Penal code and three counts of personating a public officer contrary to section 105(b) of the Penal Code. She was sentenced to serve 2 years imprisonment on each count of obtaining money by false pretenses and pay a fine of Kshs. 50,000 in default to serve 12 months imprisonment on each count of personating of personating a public officer. The sentences were to run consecutively.

3. In 2021, she the applicant filed an application for revision of sentence. The application was heard and determined by my sister Hon Lady Justice Mutende J on 4th October 2021, wherein the court dismissed her application. She filed a similar application in 2022, and her application was struck out vide a ruling dated 14th March 2022. The grounds were that the court was now functus officio and was not seized of jurisdiction to determine the matter.

4. To reiterate the sentiments of my learned sister Mutende J, this court cannot review an order of a court of concurrent jurisdiction as doing so would be tantamount to sitting as an appellate court on the judgment of Hon. Lady Justice Mutende. Otherwise, this court is bereft of jurisdiction to revise the sentence imposed.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 15TH DAY OF APRIL 2024______________D. KAVEDZAJUDGE