[2025] KEHC 3679 (KLR)
The High Court determined that it lacked jurisdiction to hear the appellant's second appeal against conviction and sentence for defilement, as the matter had already been adjudicated and dismissed in a previous appeal. The court emphasized that its jurisdiction is strictly conferred by the Constitution and statute,...
Source-derived case information.
- Citation
- [2025] KEHC 3679 (KLR)
- Parties
- Appellant: Jackson Amudavi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E057 of 2024
- Procedural Posture
- Criminal Appeal / Ruling on Jurisdiction
- Outcome
- appeal dismissed for lack of jurisdiction
- Judges
- DR Kavedza
- Legal Topics
- Defilement Offence, Sexual Offences Act, Jurisdiction of High Court, Appellate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jackson Amudavi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to hear a second appeal on conviction and sentence after the first appeal was dismissed.
- 2 Whether the appellant should have filed the appeal in the Court of Appeal.
Ratio Decidendi
The High Court determined that it lacked jurisdiction to hear the appellant's second appeal against conviction and sentence for defilement, as the matter had already been adjudicated and dismissed in a previous appeal. The court emphasized that its jurisdiction is strictly conferred by the Constitution and statute, and it cannot assume powers not granted by law. Since the appellant's remedy lay with the Court of Appeal, the High Court dismissed the appeal for want of jurisdiction.
Court Disposition
appeal dismissed for lack of jurisdiction
Orders
- The appeal is dismissed for lack of jurisdiction.
- The appellant is advised to seek redress in the Court of Appeal.
Full Case Text
Judgment text and source record
20 paragraphs
Amudavi v Republic (Criminal Appeal E057 of 2024) [2025] KEHC 3679 (KLR) (25 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3679 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Appeal E057 of 2024
DR Kavedza, J
March 25, 2025
Between
Jackson Amudavi
Appellant
and
Republic
Respondent
Ruling
1. The appellant was charged and after a full trial convicted for the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act, No. 3 of 2006. He was sentenced to serve, twenty (20) years imprisonment, less two (2) years and thirty-five (35) days spend in remand custody.
2. Aggrieved he filed an appeal which was heard and dismissed by Hon Justice Mulwa on 10th March 2023 (Nairobi Criminal Appeal No. E042 of 2018.
3. He filed the present appeal seeking similar orders. The appeal was however erroneously listed for hearing and determination.
4. From the record, this court already heard the appellant’s appeal against his conviction and sentence. It is trite law that the jurisdiction of courts in Kenya is always conferred by the Constitution or other written laws and that a Court of law can only exercise jurisdiction as conferred by the Constitution or other written law. A court of law cannot arrogate to itself jurisdiction exceeding that which is conferred upon it by law. The jurisdiction of the High Court includes; unlimited original jurisdiction in criminal and civil matters; jurisdiction to enforce the bill of rights; appellate jurisdiction; interpretative jurisdiction; any other jurisdiction, original or appellate, conferred on it by legislation; and supervisory jurisdiction.
5. In the circumstances, the right forum for the appellant is the Court of Appeal. As such, the appeal is dismissed for lack of jurisdiction.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 25THDAY OF MARCH 2025D. KAVEDZAJUDGEIn the presence of:Appellant PresentMutuma for the RespondentTonny Court Assistant.