Ogunda v Republic (Miscellaneous Criminal Application E106 of 2025) [2026] KEHC 8524 (KLR) (11 June 2026) (Ruling)
The application was struck out because the High Court had no jurisdiction to revise the sentence or judgment of another judge of concurrent jurisdiction; doing so would amount to sitting on appeal over that judge’s decision.
Source-derived case information.
- Citation
- [2026] KEHC 8524 (KLR)
- Parties
- Applicant: ISLAM JOSEPH ODHIAMBO OGUNDA; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E106 of 2025
- Procedural Posture
- Criminal Revision Application / Ruling on Jurisdiction
- Outcome
- Application struck out for want of jurisdiction.
- Judges
- ["PK Rotich"]
- Legal Topics
- Revision Jurisdiction, Section 333(1) Criminal Procedure Code, Set Off of Pre Sentence Custody Period, Probation/sentencing Mitigation, Concurrent Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ISLAM JOSEPH ODHIAMBO OGUNDA
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision Application / Ruling on Jurisdiction
Legal Issues
- 1 Whether the High Court had jurisdiction to revise a sentence imposed by a judge of concurrent jurisdiction
- 2 Whether the applicant was entitled to have pre-sentence custody period taken into account under section 333(1) of the Criminal Procedure Code
- 3 Whether the applicant should be placed on probation based on mitigation factors
Ratio Decidendi
The application was struck out because the High Court had no jurisdiction to revise the sentence or judgment of another judge of concurrent jurisdiction; doing so would amount to sitting on appeal over that judge’s decision.
Court Disposition
Application struck out for want of jurisdiction.
Orders
- The revision application is struck out.
- No further orders were made on the merits.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT MOMBASA** **HC MISC CRIMINAL APPLICATION NO. E 106 OF 2025** **ISLAM JOSEPH ODHIAMBO OGUNDA…..…………… APPLICANT** **VERSUS** **REPUBLIC…………………..….................…............RESPONDENT** **RULING** The applicant was convicted for the offence of murder on 28th November,2024 by Hon. Lady Justice A.Ong’injo in Mombasa High Court Criminal Cases No.14 of 2020 and sentenced on 16th November,2023 to serve 20 years imprisonment. In the sentence, the learned trial judge stated that sentence ran from 29th July, 2020 when the applicant was arraigned in Court. In this matter, the applicant, however, still seeks a revision claiming that that the period of 3 ½ years running from the time he was arrested on 28th July,2020 was not factored in his sentence provided under section 333(1) of the Criminal Procedure Code. He also prays this Court to places him under probation taking into consideration the factors stipulated in Sentencing Policy Guidelines being age, character, antecedents and health conditions. Others are nature of offence, home surroundings and extenuating circumstances in which the offence was committed. Further, the applicant avered that he has a young family consisting a house wife and two children who have suffered immensely in his absence. He also avers that he has learnt his lesson that and should be given a second chance. It is, however, the Court’s finding that it has no jurisdiction to revise the decision of another Judge of concurrent jurisdiction requested by the applicant. To do so would be tantamount to sitting on appeal against the Judgement of my sister **Hon. Lady** **Justice A. Onginjo**, J. This matter is, therefore, struck out for want of jurisdiction. Dated, signed and delivered online vide MS teams this 11th June,2026 **HON. P.K. ROTICH** **JUDGE**