[2018] KEHC 9228 (KLR)
The High Court lacks jurisdiction to entertain an application for revision of a sentence imposed by another court of concurrent jurisdiction. Since the applicant was convicted and sentenced by the High Court in a previous criminal case, this court cannot revise that sentence. The application is therefore incompetent...
Source-derived case information.
- Citation
- [2018] KEHC 9228 (KLR)
- Parties
- Applicant: John Mbuthia Njenga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 49 of 2018
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Legal Topics
- Manslaughter, Sentence Revision, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Mbuthia Njenga
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to revise a sentence imposed by a court of concurrent jurisdiction.
- 2 Whether the application for revision of sentence is properly before the court.
Ratio Decidendi
The High Court lacks jurisdiction to entertain an application for revision of a sentence imposed by another court of concurrent jurisdiction. Since the applicant was convicted and sentenced by the High Court in a previous criminal case, this court cannot revise that sentence. The application is therefore incompetent and must be dismissed for want of jurisdiction.
Court Disposition
application dismissed
Orders
- The application is dismissed for want of jurisdiction.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO. 49 OF 2018
JOHN MBUTHIA NJENGA.........................APPLICANT
VERSUS
REPUBLIC................................................RESPONDENT
RULING
1. John Mbuthia Njenga, hereafter the Applicant brought the instant application seeking revision of sentence. He was convicted and sentenced in Nairobi High Court Criminal Case No. 72 of 2011 for the offence of manslaughter. He was initially charged with murder but the evidence disclosed an offence of manslaughter. He was sentenced to serve twelve years imprisonment.
2. The trial and conviction having been made by a court of concurrent jurisdiction mean that this court has no jurisdiction to entertain the instant application. The same is hereby dismissed with no orders as to costs.
DATED and DELIVERED this 31st day of May, 2018.
G.W. NGENYE-MACHARIA
JUDGE
In the presence of:
1. Applicant in person.
2. Miss Sigei for the Respondent.