[2021] KEHC 3604 (KLR)
The High Court lacks jurisdiction to reconsider or revise the applicant's sentence for incest after the dismissal of his appeal, as clarified by the Supreme Court in Francis Karioko Muruatetu v Republic [2021] eKLR. The Supreme Court expressly limited the application of its earlier decision to murder cases only,...
Source-derived case information.
- Citation
- [2021] KEHC 3604 (KLR)
- Parties
- Applicant: JKK; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 10 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- LK Kimaru
- Legal Topics
- Sentence Revision, Jurisdiction of High Court, Sexual Offences, Incest, Application of Supreme Court Decisions
- 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
JKK
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the High Court has jurisdiction to revise the applicant's sentence for incest after dismissal of his appeal.
- 2 Whether the Supreme Court decision in Francis Karioko Muruatetu applies to sentences under the Sexual Offences Act.
Ratio Decidendi
The High Court lacks jurisdiction to reconsider or revise the applicant's sentence for incest after the dismissal of his appeal, as clarified by the Supreme Court in Francis Karioko Muruatetu v Republic [2021] eKLR. The Supreme Court expressly limited the application of its earlier decision to murder cases only, excluding other offences such as those under the Sexual Offences Act. Therefore, the applicant's plea for sentence revision is without merit and must be dismissed for want of jurisdiction.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
MSC. CRIMINAL APPLICATION NO. 10 OF 2021
JKK ...........................................................................................APPLICANT
VERSUS
REPUBLIC............................................................................RESPONDENT
RULING
The Applicant, JKK, was convicted of Incest contrary to Section 20(1) of the SexualOffences Act and sentenced to serve fifteen (15) years imprisonment. His appeal to this Court was dismissed. Undaunted, and presumably encouraged by the court of Appeal’s interpretation of Francis Karioko Muruatetu – Vs – R [2017] eKLR which extended the application of the said decision to sentences imposed under the Sexual Offence Act (which has now been restated by the Supreme Court), he has made an application to have his sentence revised.
The Applicant states that he had not appealed against the dismissal of his appeal to the Court of Appeal. He was remaining with a period of six (6) years to complete his sentence. He pleaded with the court to grant his plea for reduction of custodial sentence so that he can have a second shot at life. He had reformed. He had undertaken various Courses while in Prison including tailoring and biblical studies that have made him a better person. He regrets the crime that he committed. Mr Omooria for State opposed the application. He stated that the Applicant was convicted of a serious offence which the court should take into account.
As stated earlier in this ruling, the Supreme Court did on 6th July 2021 clarify in Francis Karioko Murautetu V. Republic [2021] eKLR that the above decision only applied to those convicted in murder cases and not any other type of cases. In the premises therefore, since the Applicant has already had his appeal considered by the High Court, and a decision rendered, this court lacks jurisdiction to reconsider his plea for resentencing. That jurisdiction was removed from the court in the above decision rendered by the Supreme Court.
Therefore, even if this court had sympathy with the Applicant’s application, its jurisdiction has been invoked and exhausted. The application is the circumstances lacks merit and is hereby dismissed.
DATED AT KITALE THIS 23RD DAY OF SEPTEMBER, 2021.
L. KIMARU
JUDGE