[2016] KEHC 424 (KLR)

[2016] KEHC 424 (KLR)

The High Court held that it lacked jurisdiction to review its own appellate decision after an appeal had been heard and determined. The revisionary powers under sections 362 and 364 of the Criminal Procedure Code are only exercisable in relation to orders or proceedings before subordinate courts, not in respect of...

Source-derived case information.

Citation
[2016] KEHC 424 (KLR)
Parties
Applicant: Bernard Ombuna; Respondent: Republic
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
21 November 2016
Case Number
Criminal Revision 83 of 2015
Procedural Posture
Criminal Revision / Ruling on Revision Application After Conviction, Sentence, and Appeal
Outcome
application dismissed
Judges
P Nyamweya
Legal Topics
Revision Jurisdiction, Appellate Review, Sexual Offences, Sentence Review
Source Language
english
Criminal Law Civil Procedure Revision Jurisdiction Appellate Review Sexual Offences Sentence Review

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Summary, issues, holding and outcome

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Parties

Bernard Ombuna

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Revision Application After Conviction, Sentence, and Appeal

Legal Issues

  1. 1 Whether the High Court has jurisdiction to review its own appellate decision after an appeal has been heard and determined.
  2. 2 Whether revisionary powers under sections 362 and 364 of the Criminal Procedure Code can be exercised when an appeal has already been filed to the Court of Appeal.

Ratio Decidendi

The High Court held that it lacked jurisdiction to review its own appellate decision after an appeal had been heard and determined. The revisionary powers under sections 362 and 364 of the Criminal Procedure Code are only exercisable in relation to orders or proceedings before subordinate courts, not in respect of the High Court's own appellate findings. Furthermore, once an appeal has been filed to the Court of Appeal, the only available legal avenue is to pursue that appeal, and the High Court cannot entertain a revision application in such circumstances. The application for revision was therefore dismissed for want of jurisdiction.

Court Disposition

application dismissed

Orders

  • The application for revision is dismissed.