Benson Maitha Muli v Republic [2021] KEHC 13163 (KLR)
- Court
- High Court of Kenya
- Case number
- 13163
- Citation
- [2021] KEHC 13163 (KLR)
- Decided
- 28 June 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication to set aside sentence and grant reliefCoramGRACE L. NZIOKA
Holding
The court is functus officio and has no jurisdiction to hear and determine the application
Facts
The applicant was convicted of defilement and an alternative count of committing an indecent act with a child, and sentenced to 20 years imprisonment. He filed an appeal and a certificate of urgency application.
Issues
- Whether the court has jurisdiction to entertain the application
- Whether the applicant is seeking to review the sentence
Reasoning
The court ruled that the applicant's appeal was dismissed on 9th September 2015, and the court is functus officio, thus lacking jurisdiction to hear the application.
Outcome
Application struck out for want of jurisdiction
Orders
- Application struck out
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Penal Code
Cases cited (2)
- Election Petitions Nos. 3, 4 & 5 Raila Odinga & Others vs. IEBC & Others [2013] eKLR
- Jersey Evening Post Limited vs Al Thani [2002] JLR 542
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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