[2025] KEHC 146 (KLR)
The High Court held that it lacked jurisdiction to entertain the applicant's request for revision of sentence because it had already determined an appeal on the same conviction and sentence. The court emphasized that after an appeal has been heard and determined by the High Court, any further challenge to the...
Source-derived case information.
- Citation
- [2025] KEHC 146 (KLR)
- Parties
- Applicant: Charles Bumbe Itieri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E077 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed for lack of jurisdiction
- Judges
- DR Kavedza
- Legal Topics
- Defilement, Sentence Revision, Jurisdiction, Sexual Offences Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Bumbe Itieri
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to revise a sentence after an appeal has been determined by the same court.
- 2 Whether the applicant is entitled to a non-custodial sentence based on rehabilitation.
Ratio Decidendi
The High Court held that it lacked jurisdiction to entertain the applicant's request for revision of sentence because it had already determined an appeal on the same conviction and sentence. The court emphasized that after an appeal has been heard and determined by the High Court, any further challenge to the conviction or sentence must be addressed to the Court of Appeal. The application for revision was therefore dismissed for want of jurisdiction.
Court Disposition
application dismissed for lack of jurisdiction
Orders
- The application for revision of sentence is dismissed for lack of jurisdiction.
Full Case Text
Judgment text and source record
20 paragraphs
Itieri v Republic (Criminal Revision E077 of 2024) [2025] KEHC 146 (KLR) (20 January 2025) (Ruling)
Neutral citation: [2025] KEHC 146 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision E077 of 2024
DR Kavedza, J
January 20, 2025
Between
Charles Bumbe Itieri
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and convicted for the offence of defilement contrary to section 8(1) as read with 8(2) of the Sexual Offences Act, No. 3 of 2006. He was sentenced to serve life imprisonment. He filed an appeal challenging his conviction and sentence. The conviction was conviction was upheld and the sentence reduced to twenty (20) years imprisonment.
2. He filed the present application dated 22nd October 2024 seeking revision of sentence. The grounds in support of the application are that he has been rehabilitated. He urged the court to revise the sentence of the trial court to a non-custodial sentence.
3. I have considered the application, the affidavit in support and the applicable law.
4. From the record, the applicant filed an appeal against his conviction and sentence which was heard and determined by this court. In the circumstances, the right forum for the applicant is the Court of Appeal.
5. In the circumstances, the the application is dismissed for lack of jurisdiction.Order accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 20TH DAY OF JANUARY 2025. ........................D. KAVEDZAJUDGE