Phillip Anyanga & another v Republic [2021] KEHC 12769 (KLR)
- Court
- High Court of Kenya
- Case number
- 12769
- Citation
- [2021] KEHC 12769 (KLR)
- Decided
- 25 March 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal RevisionPostureApplication for review of sentenceCoramL N MUTENDE
Holding
The application is dismissed as the court is functus officio and the Applicants should have appealed their sentence.
Facts
Phillip Anyanga and Stephen Mureithi Mangu were convicted of robbery with violence and sentenced to life imprisonment. They spent 1 year and 4 months in remand custody, which was not considered during sentencing. Their appeals were dismissed, and the life sentence was reduced to 10 years.
Issues
- Whether the period spent in remand custody should have been considered during sentencing.
- Whether the court has the power to review the sentence given by a court of concurrent jurisdiction.
Reasoning
The court found that the Applicants should have appealed their sentence instead of seeking review. The court declared that the sentence was excessive and reduced it to 10 years, taking into account the period spent in custody.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Criminal Procedure Code (CPC) Section 333(2)
- Penal Code Section 296(2)
Cases cited (2)
- Vincent Sila Jona & 87 others v. Kenya Prison Services & 2 others (2021) eKLR
- Raila Odinga & 2 Others v. Independent Electoral 7 Boundaries Commission & 3 others (2013) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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