[2017] KEHC 6514 (KLR)

[2017] KEHC 6514 (KLR)

The High Court at Meru lacks jurisdiction to entertain the application because the conviction and sentence were passed by another High Court judge (Hon. Lessit J.), which is a court of concurrent jurisdiction. The applicant's remedy lies in appealing to the Court of Appeal, not by filing an application before...

Source-derived case information.

Citation
[2017] KEHC 6514 (KLR)
Parties
Applicant: Ephanius Mwiti; Respondent: State
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
22 February 2017
Case Number
Criminal Appeal 3 of 2017
Procedural Posture
Criminal Application / Ruling on Jurisdiction
Outcome
application dismissed for want of jurisdiction
Judges
A Mabeya
Legal Topics
Jurisdiction of High Court, Appeals Process, Conviction and Sentence
Source Language
english
Criminal Law Jurisdiction of High Court Appeals Process Conviction and Sentence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ephanius Mwiti

Applicant

State

Respondent

Procedural Posture

Criminal Application / Ruling on Jurisdiction

Legal Issues

  1. 1 Whether the High Court at Meru has jurisdiction to entertain the application challenging conviction and sentence passed by a court of concurrent jurisdiction.
  2. 2 Whether the applicant should have appealed to the Court of Appeal instead of filing the present application.

Ratio Decidendi

The High Court at Meru lacks jurisdiction to entertain the application because the conviction and sentence were passed by another High Court judge (Hon. Lessit J.), which is a court of concurrent jurisdiction. The applicant's remedy lies in appealing to the Court of Appeal, not by filing an application before another High Court. Accordingly, the application is dismissed for want of jurisdiction.

Court Disposition

application dismissed for want of jurisdiction

Orders

  • The application is dismissed for want of jurisdiction.
  • The ruling shall be typed and served upon the applicant.