[2013] KEHC 2814 (KLR)
The court held that it lacked jurisdiction to revise a sentence imposed by a judge of the High Court, as section 362 of the Criminal Procedure Code only empowers the High Court to revise decisions from subordinate courts. Since the sentence in question was imposed by a court of equal and concurrent jurisdiction, the...
Source-derived case information.
- Citation
- [2013] KEHC 2814 (KLR)
- Parties
- Appellant: Harrison Makau Muthama; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 180 of 2012
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- BT Jaden
- Legal Topics
- Sentence Revision, Jurisdiction of High Court, Manslaughter, Appellate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Harrison Makau Muthama
Appellant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to revise a sentence imposed by a court of equal and concurrent jurisdiction.
- 2 Whether the application for revision of sentence is competent under section 362 of the Criminal Procedure Code.
Ratio Decidendi
The court held that it lacked jurisdiction to revise a sentence imposed by a judge of the High Court, as section 362 of the Criminal Procedure Code only empowers the High Court to revise decisions from subordinate courts. Since the sentence in question was imposed by a court of equal and concurrent jurisdiction, the application for revision was incompetent. The appropriate remedy for the applicant is to pursue an appeal, for which a petition has already been filed. The court further noted that any issues regarding the timeliness of the appeal could be addressed by an application to appeal out of time.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL MISC. APPLICATION NO. 180 OF 2012
FROM ORIGINAL RECORDS IN H.C.CR.C 30 OF 2008
HARRISON MAKAU MUTHAMA .……………..…………..…... APPELLANT
AND
REPUBLIC ………….…………………………………...…… RESPONDENT
R U L I N G
The Application (undated) filed in court on 14/11/2012 seeks orders that the sentence in H.C.C.CR.C 30 of 2008 Republic –vs- Harrison Makau Muthama be revised under section 362 and 364 of the Civil Procedure Code.
The Applicant was sentenced by Hon. Justice Dulu on 5/10/2012 for six (6) years for the offence of manslaughter. The Applicant seeks a lenient sentence or any other sentencing option other than custodial sentence. The accused has pointed out his mitigating circumstances and the favourable probation officer’s report that was produced.
The Applicant has also filed a petition of appeal.
The application for revision is incompetent.
Section 362 of the Criminal Procedure Code provides as follows:-
“The High Court may call for and examine the record of any criminal proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of any such subordinate court.”
The High Court cannot therefore revise orders made by a court of equal and concurrent jurisdiction. The application therefore fails.
I have noted that there is a petition of appeal filed herein. The Applicant has stated that he was unable to file (the appeal presumably?) because he fell sick and could not obtain the court file in time. I will therefore leave it to the Applicant to consider whether to file an application to appeal out of time.
………………………………………
B. THURANIRA JADEN
JUDGE
Dated and delivered at Machakos this 4th day of July 2013.
………………………………………
B. THURANIRA JADEN
JUDGE