[2021] KEHC 6088 (KLR)

[2021] KEHC 6088 (KLR)

The court held that since a similar application for review of sentence had already been determined by a judge of concurrent jurisdiction, the matter was conclusively settled and the court was functus officio. As such, the court lacked jurisdiction to entertain the present application for review of sentence. The doctrine of functus officio, as affirmed by the Supreme Court and legal scholarship, precludes a court from revisiting a matter it has already finally determined. Consequently, the application was dismissed for want of jurisdiction.

Citation
[2021] KEHC 6088 (KLR)
Parties
Applicant: Felix Gitonga; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
16 June 2021
Case Number
Criminal Revision 35 of 2020
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Outcome
application dismissed
Judges
LN Mutende
Legal Topics
Functus Officio, Review of Sentence, Criminal Revision, Finality of Judgments
Source Language
English
Criminal Law Civil Procedure Functus Officio Review of Sentence Criminal Revision Finality of Judgments

Case Brief

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Parties

Felix Gitonga

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Application for Review of Sentence

Legal Issues

  1. 1 Whether the High Court has jurisdiction to review the sentence after a similar application was previously determined by a court of concurrent jurisdiction.
  2. 2 Whether the doctrine of functus officio applies to bar the present application for review of sentence.

Ratio Decidendi

The court held that since a similar application for review of sentence had already been determined by a judge of concurrent jurisdiction, the matter was conclusively settled and the court was functus officio. As such, the court lacked jurisdiction to entertain the present application for review of sentence. The doctrine of functus officio, as affirmed by the Supreme Court and legal scholarship, precludes a court from revisiting a matter it has already finally determined. Consequently, the application was dismissed for want of jurisdiction.

Court Disposition

application dismissed

Orders

  • The application for review of sentence is dismissed.
  • No further orders are made.