[2024] KEHC 14410 (KLR)
The High Court held that it lacks jurisdiction to review a sentence after the Court of Appeal has dismissed an appeal on the same matter. The applicant, having exhausted his right of appeal, cannot seek further review from the High Court and must instead approach the Supreme Court if still dissatisfied. The court...
Source-derived case information.
- Citation
- [2024] KEHC 14410 (KLR)
- Parties
- Applicant: John Ekai Ekitela; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E022 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- RPV Wendoh
- Legal Topics
- Sentence Review, Abuse of Process, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Ekai Ekitela
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to review a sentence after the Court of Appeal has dismissed the applicant's appeal.
- 2 Whether the application for review constitutes an abuse of court process.
Ratio Decidendi
The High Court held that it lacks jurisdiction to review a sentence after the Court of Appeal has dismissed an appeal on the same matter. The applicant, having exhausted his right of appeal, cannot seek further review from the High Court and must instead approach the Supreme Court if still dissatisfied. The court found that the application was an abuse of court process and dismissed it accordingly.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
- No further orders are made.
Full Case Text
Judgment text and source record
19 paragraphs
Ekitela v Republic (Miscellaneous Criminal Application E022 of 2024) [2024] KEHC 14410 (KLR) (19 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14410 (KLR)
Republic of Kenya
In the High Court at Kapenguria
Miscellaneous Criminal Application E022 of 2024
RPV Wendoh, J
November 19, 2024
Between
John Ekai Ekitela
Applicant
and
Republic
Respondent
Ruling
1. By the Notice of Motion dated 6/8/2024, the Applicant John Ekai Ekitela sought a review of his sentence. He was charged with the offence of murder and he was sentenced to life imprisonment, and he appealed to the Court of Appeal vide Criminal Appeal 17/2016 but it was dismissed.
2. Mr. Majale, the Prosecution counsel, opposed the application on grounds that it is misplaced.
3. The Appellant having been sentenced by this court and his appeal dismissed by the Court of Appeal, if he is still aggrieved, he should move to Supreme Court. He cannot come back down to this court.
4. This application is an abuse of court process and is hereby dismissed.
DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 19TH DAY OF NOVEMBER, 2024. R. WENDOHJUDGERuling delivered in open Court and in the presence of:State Counsel: Mr. MajaleCourt Assistant: Juma/HellenAppellant: Virtual