Nuno v Republic (Miscellaneous Criminal Application E014 of 2024) [2024] KEHC 15824 (KLR) (16 December 2024) (Ruling)
Neutral citation:
[2024] KEHC 15824 (KLR)
Republic of Kenya
Miscellaneous Criminal Application E014 of 2024
JN Onyiego, J
December 16, 2024
Between
Said Hassan Nuno
Applicant
and
Republic
Respondent
Ruling
1.The applicant was charged with the offence of robbery with violence c/s 296(2) of the penal code. He was tried and convicted and sentenced to death by the trial court on 21.09.2005. Dissatisfied with the conviction and sentence, he appealed to the high court which upheld the sentence. Undeterred, he moved to the court of appeal which equally upheld the sentence on 19-11-2010.
2.He has now moved to this court for review of sentence. He argues that death penalty is inhuman. That his life imprisonment should be substituted with 30 years imprisonment pursuant to the court of appeal holding in Criminal Appeal No. 22 of 2018 Evans Nyamari Ayieko vs Republic where the court held that life imprisonment should be interpreted to mean 30 years.
3.Mr. Kihara prosecution counsel opposed the application urging that the court is functus officio.
4.I have considered the application herein and the response thereof. The Appellant is seeking this court to review the sentence imposed by the trial court and subsequently confirmed by the high court and court of appeal. It is trite law that this court cannot review a sentence that has been confirmed by a court of concurrent jurisdiction and later by a senior court. See Gathige v Republic (Miscellaneous Criminal Application E008 of 2022) [2022] KEHC 14733 (KLR) (31 October 2022) (Ruling)Neutral citation: [2022] KEHC 14733 (KLR)
5.In the circumstances of this application, I am in agreement with the state’s submission that this court has no jurisdiction to re-open the case herein. It is simply functus officio. To that extent, the application is dismissed.
DATED, SIGNED AND DELIVERED THIS 16TH DAY OF DECEMBER THIS 2024J. N. ONYIEGOJUDGE