[2020] KEHC 10378 (KLR)
The High Court determined that it had already exercised its jurisdiction to reconsider the applicant's sentence pursuant to the Supreme Court's guidance in Francis Kariokor Muruatetu. The court found that entertaining a further application for the same relief would amount to a reconsideration of a reconsideration,...
Source-derived case information.
- Citation
- [2020] KEHC 10378 (KLR)
- Parties
- Applicant: Janet Karamana Gituma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 118 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Reconsideration of Sentence
- Outcome
- application dismissed as abuse of process
- Judges
- LK Kimaru
- Legal Topics
- Sentence Reconsideration, Abuse of Process, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janet Karamana Gituma
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Reconsideration of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to reconsider a sentence after it has already reconsidered the sentence pursuant to the Supreme Court decision in Francis Kariokor Muruatetu.
- 2 Whether the applicant's repeated applications for sentence reconsideration constitute an abuse of court process.
Ratio Decidendi
The High Court determined that it had already exercised its jurisdiction to reconsider the applicant's sentence pursuant to the Supreme Court's guidance in Francis Kariokor Muruatetu. The court found that entertaining a further application for the same relief would amount to a reconsideration of a reconsideration, for which it had no jurisdiction. The court held that the applicant's remedy lay in appealing to the Court of Appeal if dissatisfied with the High Court's previous decision. The court further held that repeated applications for the same relief before the same court constitute an abuse of process, and to prevent further abuse, ordered that the applicant must seek leave before...
Court Disposition
application dismissed as abuse of process
Orders
- The applicant's application is dismissed as an abuse of the process of the court.
- The applicant must seek leave of the court before filing any further application in respect of the same matter.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CRIMINAL APPLICATION NO.118 OF 2020
JANET KARAMANA GITUMA......................... APPLICANT
VERSES
REPUBLIC.....................................................RESPONDENT
RULING
The Applicant, Janet Karamana Gituma, made an application before this court in Nairobi HC Misc. Criminal Application No.539 of 2018 Janet Karamana Gituma vs Republic seeking reconsideration of her sentence pursuant to the Supreme Court decision of Francis Kariokor Muruatetu & Anor vs Republic [2017] eKLR. This court considered the application. In its ruling delivered on 21st May 2019, the court held thus:
“This court notes that the Applicant has already been in lawful custody for a period of ten (10) years. This court is of the view that that period is not sufficient punishment. However, the death sentence that was imposed on the Applicant is not called for in the circumstances. In the premises therefore, the death sentence is set aside and substituted by a sentence of this court of ten (10) years imprisonment with effect from today’s date. It is so ordered.”
Instead of the Applicant (she appears to have been aggrieved) appealing the decision to the Court of Appeal, she filed yet another application before this court seeking the same relief of sentence reconsideration. This court is of the considered view that the present application is filed in abuse of the due process of the court. This court cannot, and has no jurisdiction, to reconsider a reconsideration of sentence pursuant to the Francis Kariokor Muruatetu decision. The only remedy available to the Applicant is to file an appropriate appeal to the Court of Appeal challenging the decision of this court. She cannot, ad infinitum, pursue the review of the sentence before the High Court.
In the premises therefore, the Applicant’s application, being an abuse of the process of this court, is hereby dismissed. To prevent further abuse of the process of this court, she must first seek leave of this court before she files any further application in respect of the same matter. Her remedy lies with filing an appropriate appeal to the Court of Appeal. It is so ordered.
DATED AT NAIROBI THIS 29TH DAY OF JULY 2020
L. KIMARU
JUDGE