[2025] KEHC 613 (KLR)
The High Court held that it has no jurisdiction to review a sentence after the Court of Appeal has dismissed an appeal, as there is no legal procedure permitting such a review. The application for review of sentence was therefore dismissed for lack of merit. The court clarified that the only available recourse for...
Source-derived case information.
- Citation
- [2025] KEHC 613 (KLR)
- Parties
- Applicant: Hassan Jumapili; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E184 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- AN Ongeri
- Legal Topics
- Criminal Appeals, Sentence Review, Appellate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hassan Jumapili
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to review a sentence after the Court of Appeal has dismissed an appeal.
- 2 Whether there exists a legal procedure for review of sentence in these circumstances.
Ratio Decidendi
The High Court held that it has no jurisdiction to review a sentence after the Court of Appeal has dismissed an appeal, as there is no legal procedure permitting such a review. The application for review of sentence was therefore dismissed for lack of merit. The court clarified that the only available recourse for the Applicant is to seek leave from the Court of Appeal to appeal to the Supreme Court.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
Jumapili v Republic (Criminal Revision E184 of 2024) [2025] KEHC 613 (KLR) (20 January 2025) (Ruling)
Neutral citation: [2025] KEHC 613 (KLR)
Republic of Kenya
In the High Court at Voi
Criminal Revision E184 of 2024
AN Ongeri, J
January 20, 2025
Between
Hassan Jumapili
Applicant
and
Republic
Respondent
Ruling
1. The Applicant appealed against the conviction and sentence to the Court of Appeal and the appeal was dismissed.
2. There is no procedure allowing the Applicant to come back for review of the sentence.
3. The application for review of the sentence has no merit and the same is dismissed and the file is closed.
4. However the Applicant can seek leave from the Court of Appeal to proceed to the Supreme Court.
DATED, SIGNED AND DELIVERED THIS 20TH DAY OF JANUARY 2025 VIRTUALLY AND IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Court Assistant: Maina/TrizahProsecutor: Ms. KanyuiraThe Applicant