[2021] KEHC 2719 (KLR)
The High Court held that it lacked jurisdiction to entertain the applicant's request for revision of sentence because the applicant's appeal had already been heard and determined on its merits by a court of concurrent jurisdiction. The court found that it was functus officio and could not reopen or reconsider the...
Source-derived case information.
- Citation
- [2021] KEHC 2719 (KLR)
- Parties
- Applicant: George Wandaki Wanjala; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 29 (E037) of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- LK Kimaru
- Legal Topics
- Incest Offence, Sentence Revision, Jurisdiction, Functus Officio, Sexual Offences Act, Appeal Process
- 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
George Wandaki Wanjala
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to revise the applicant's sentence after an appeal has been determined on its merits.
- 2 Whether the principle of functus officio applies to bar the present application for sentence revision.
Ratio Decidendi
The High Court held that it lacked jurisdiction to entertain the applicant's request for revision of sentence because the applicant's appeal had already been heard and determined on its merits by a court of concurrent jurisdiction. The court found that it was functus officio and could not reopen or reconsider the issues previously adjudicated. The applicant's remedy lay in appealing to the Court of Appeal, not in seeking revision before the High Court. Consequently, the application for revision lacked merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
MISC. CRIMINAL APPLICATION NO. 29 (E037) OF 2021
GEORGE WANDAKI WANJALA.......................................APPLICANT
VERSUS
REPUBLIC..........................................................................RESPONDENT
RULING
The Applicant, George Wandaki Wanjala, was convicted of Incest contrary to Section 20(1)of the Sexual Offences Act and sentenced to serve ten (10) years imprisonment. His appeal to this court was dismissed on 17th February 2020. Not deterred, the Applicant now seeks a revision of his sentence. He tells the court that since his arrest on 20th June 2016, he has been in prison. During the period, he had undertaken various courses that has made him a better person. He has acquired a new set of skills that will serve him in good stead if the court favourably considers his application for reduction of sentence. Mr Omooria for the State left the issue of the Applicant’s sentence to the discretion of the court.
This court has considered the Applicant’s application. It is clear that this court lacks jurisdiction to consider the Applicant’s application. A court of concurrent jurisdiction considered the Applicant’s appeal on its merit and rendered its verdict both on the question regarding the validity of the Applicant’s conviction and whether the custodial sentence that was imposed on him fitted the crime that was committed. Once that verdict was rendered, the Applicant remedy lay in filing an appropriate appeal to the Court of Appeal and not by filing such an application as the present one.
In the circumstances therefore, this court holds that it is functus officio. It cannot reopen the issues that were heard and considered on its merit by a court of concurrent jurisdiction. The application lack merit and is hereby dismissed. It is so ordered.
DATED AT KITALE THIS 26TH DAY OF OCTOBER, 2021.
L. KIMARU
JUDGE