Wetangula v Republic [2022] KEHC 18049 (KLR) | Sentencing Review | Esheria

Wetangula v Republic [2022] KEHC 18049 (KLR)

Full Case Text

Wetangula v Republic (Miscellaneous Criminal Application E040 of 2022) [2022] KEHC 18049 (KLR) (14 December 2022) (Ruling)

Neutral citation: [2022] KEHC 18049 (KLR)

Republic of Kenya

In the High Court at Bungoma

Miscellaneous Criminal Application E040 of 2022

REA Ougo, J

December 14, 2022

Between

Pamela Nasimiyu Wetangula

Appellant

and

Republic

Respondent

Ruling

1. By a Notice of Motion filed in court on the November 3, 2022 the applicant Pamela Nasimiyu Wetangula seeks to this court to consider the period of 3 years as part of the sentence served as enshrined in the provisions of Section 33(2) of the Criminal Procedure Code in line with the Court of Appeal ruling in Ahmed Abolifathi Mohammed and Another vrs R 2018 eKLR. That the 3 years period in remand to be considered as part of the sentence served in criminal case No 22 of 2014 in the High Court.

2. The application was opposed. M/s Omondi for the state submitted that the applicant was convicted by a court of similar jurisdiction and was jailed for 15 years. In alternative offence the applicant was convicted of attracts life imprisonment. That the court considered the 4 year period she was in remand. That this court cannot review the sentence on a Ruling sentencing the applicant to 15 years. The trial judge indicated that she had considered the 4 years spent in remand before sentence. The court which sentenced the applicant is a court of equal jurisdiction. I cannot review the said decision as I lack the jurisdiction to do so and further I would be sitting on appeal on a decision of equal and concurrent jurisdiction. I therefore find no merit in the application filed in court on the November 3, 2022. It is dismissed. The applicant shall continue severing the sentence. She also has a right to move to the Court of Appeal if she is still dissatisfied with this court’s decision. File is closed.

DATED, SIGNED, AND DELIVERED AT BUNGOMA THIS 14TH DAY OF DECEMBER, 2022R.E. OUGOJUDGEIn the presence of:Ms Omondi – State CounselMs Wilkister – Court Assistant.Pamela Nasimiyu Wetangula – present online.