[2024] KEHC 1863 (KLR)
The High Court held that it lacks jurisdiction to revise its own orders under the law governing criminal revision. The power of revision is limited to reviewing decisions of subordinate courts, not those of the same court. Since the sentence in question was imposed by the High Court itself in a previous appeal, the...
Source-derived case information.
- Citation
- [2024] KEHC 1863 (KLR)
- Parties
- Applicant: George Gitau Kamonje; Respondent: ODPP
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E407 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- PJO Otieno
- Legal Topics
- Sentencing Jurisdiction, Functus Officio, Revision Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Gitau Kamonje
Applicant
ODPP
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Does the High Court have jurisdiction to revise its own sentence in a criminal matter after delivering judgment?
- 2 Is the court functus officio regarding the sentence previously imposed?
Ratio Decidendi
The High Court held that it lacks jurisdiction to revise its own orders under the law governing criminal revision. The power of revision is limited to reviewing decisions of subordinate courts, not those of the same court. Since the sentence in question was imposed by the High Court itself in a previous appeal, the court is functus officio and cannot entertain an application to revise that sentence. The application for revision is therefore dismissed for want of jurisdiction.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
- Let the court file be closed.
Full Case Text
Judgment text and source record
20 paragraphs
Kamonje v ODPP (Criminal Revision E407 of 2023) [2024] KEHC 1863 (KLR) (22 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1863 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Revision E407 of 2023
PJO Otieno, J
February 22, 2024
Between
George Gitau Kamonje
Applicant
and
Odpp
Respondent
Ruling
1. The application for revision by the Applicant comes after the decision by this Court in Kakamega High Court Criminal Appeal No. 38 of 2020.
2. In the Judgment dated August 1, 2023, the Court observed that the sentence of thirty (30) years was within the latitude which goes upto life imprisonment and concluded that sentence given was proper, given the age of the victim.
3. That is a decision by the same Court now asked to revise same. The law on revision limits the power of the court to relooking only decisions by a lower court for revision. There is no jurisdiction for a Court to revise its own orders.
4. The Court lacks jurisdiction to do what the Applicant and determines that in matters sentence in this matter, the Court is functus officio.
5. Application dismissed. Let Court file be closed.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 22ND DAY OF FEBRUARY, 2024PATRICK J. O. OTIENOJUDGE