[2021] KEHC 9056 (KLR)
The High Court held that it cannot review or revise a sentence that has already been the subject of an appeal and determination by a court of concurrent jurisdiction. Since the applicants had previously appealed their sentences and the appellate court had upheld the sentences as lawful and justified, the present...
Source-derived case information.
- Citation
- [2021] KEHC 9056 (KLR)
- Parties
- Applicant: Joseph Kariuki Thuita; Applicant: Julius Kiptanui Misoi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Petition 78 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- F Tuiyott
- Legal Topics
- Sentence Revision, Abuse of Process, Concurrent Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kariuki Thuita
Applicant
Julius Kiptanui Misoi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the High Court can revise a sentence that has already been the subject of an appeal and determination by a court of concurrent jurisdiction.
- 2 Whether the application for revision constitutes an abuse of court process.
Ratio Decidendi
The High Court held that it cannot review or revise a sentence that has already been the subject of an appeal and determination by a court of concurrent jurisdiction. Since the applicants had previously appealed their sentences and the appellate court had upheld the sentences as lawful and justified, the present applications for revision were found to be an abuse of court process. The court emphasized that it lacks jurisdiction to interfere with a decision already rendered by a court of equal standing, and that the proper avenue for further challenge would have been an appeal to a higher court, not a revision before a court of concurrent jurisdiction. Accordingly, the applications were...
Court Disposition
application dismissed
Orders
- The applications for revision of sentence are dismissed as an abuse of court process.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
HIGH COURT PETITION NO. 78 OF 2019
JOSEPH KARIUKI THUITA …....................................... 1ST PETITIONER
JULIUS KIPTANUI MISOI .............................................. 2ND PETITIONER
VERSUS
REPUBLIC.............................……............................................RESPONDENT
RULING
1. In a Judgment dated 26th June 2019 and delivered in Criminal Appeal Nos. 16 and 17 of 2015 (1) Julius Kiptanui Misoi (2) Joseph Kariuki Thuita -vs- Republic, Justice Kimaru stated:-
“On sentence, the custodial sentence that was meted by the trial court is legal. This court cannot interfere with the same. Indeed, the Appellants were sentenced to serve the minimum sentence provided by the law. Taking into consideration all the circumstances of the case, this court holds that the verdict reached by the trial court in respect of sentence was justified in the circumstances. The appeal against sentence therefore lacks merit and is hereby dismissed. It is so ordered.”
2. The two have again approached the Court seeking a revision of their sentences. The Application is opposed on other grounds but also that there was already an appeal on sentence.
3. I have to agree with the State. The Appellants already took their chance on sentence and the Court delivered itself. That Court is one of concurrent jurisdiction with this Court. I cannot review that decision. The Applications are an abuse of Court process and are hereby dismissed.
Dated, Signed and Delivered in Court at Nairobi this 1st Day of February 2021
F. TUIYOTT
JUDGE
ORDER
In view of the declaration of measures restricting Court operations due to the COVID-19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on 17th April 2020, this Ruling has been delivered to the parties through virtual platform.
F. TUIYOTT
JUDGE
PRESENT:
Joseph Karuiki Thuita (the 1st applicant) in person.
Juluis K. Misoi (the 2nd applicant) in person.
Miss Muhonja (D.P.P) for the State.