[2024] KEHC 12683 (KLR)
The High Court held that it lacked jurisdiction to review a lawful sentence on the basis that the parties had subsequently agreed to pursue an alternative justice system and that the complainant was willing to forgive the applicant upon payment of compensation. The court emphasized that once a lawful sentence has...
Source-derived case information.
- Citation
- [2024] KEHC 12683 (KLR)
- Parties
- Applicant: Josephat Nyamwea Adika; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E207 of 2024
- Procedural Posture
- Criminal Application / Ruling on Sentence Review Application
- Outcome
- application dismissed
- Judges
- MS Shariff
- Legal Topics
- Sentence Review, Alternative Justice System, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josephat Nyamwea Adika
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the High Court has jurisdiction to review a criminal sentence based on post-conviction reconciliation and compensation between the complainant and the applicant.
- 2 Whether an agreement to pursue alternative justice after conviction can form a basis for sentence review.
Ratio Decidendi
The High Court held that it lacked jurisdiction to review a lawful sentence on the basis that the parties had subsequently agreed to pursue an alternative justice system and that the complainant was willing to forgive the applicant upon payment of compensation. The court emphasized that once a lawful sentence has been imposed, post-conviction agreements between the parties cannot serve as grounds for sentence review. The application was therefore dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
- The file is marked as closed.
Full Case Text
Judgment text and source record
19 paragraphs
Adika v Republic (Criminal Application E207 of 2024) [2024] KEHC 12683 (KLR) (17 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12683 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Application E207 of 2024
MS Shariff, J
October 17, 2024
Between
Josephat Nyamwea Adika
Applicant
and
Republic
Respondent
Ruling
1. Upon perusal of the notice of motion dated 30. 9.24 and the affidavits in support thereof sworn by one Leonard Ochieng Adika and Josphat Nyamwea Adika (Applicant), I do note that the Applicant is seeking the review of his sentence on grounds that the complainant who is also his brother is ready to forgive him upon payment of compensation of Kshs.10,000. Sadly, the horse bolted and the chariot cannot at this juncture be returned to the first city where its journey commenced from.
2. The Applicant is currently serving a lawful sentence and this court has no jurisdiction to review his sentence on grounds that parties have eventually agreed to pursue alternative justice system.
3. This application is thus without merit and I hereby dismiss it.
4. This file is marked as closed.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 17TH DAY OF OCTOBER, 2024. M. S. SHARIFFJUDGE