[2025] KEHC 937 (KLR)
The High Court found that it had already determined the applicant's appeal against conviction and sentence. As such, it was functus officio and lacked jurisdiction to entertain a revision application regarding the same sentence. The proper forum for any further challenge to the sentence was the Court of Appeal....
Source-derived case information.
- Citation
- [2025] KEHC 937 (KLR)
- Parties
- Applicant: Stephen Makau Karega; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E158 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed for lack of jurisdiction
- Judges
- DR Kavedza
- Legal Topics
- Robbery With Violence, Sentence Revision, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Makau Karega
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to revise the sentence after the applicant's appeal has been determined.
- 2 Whether the applicant is entitled to a non-custodial sentence based on rehabilitation.
Ratio Decidendi
The High Court found that it had already determined the applicant's appeal against conviction and sentence. As such, it was functus officio and lacked jurisdiction to entertain a revision application regarding the same sentence. The proper forum for any further challenge to the sentence was the Court of Appeal. Accordingly, the application for revision of sentence was dismissed for want of jurisdiction.
Court Disposition
application dismissed for lack of jurisdiction
Orders
- The application dated 22nd October 2024 is dismissed for lack of jurisdiction.
Full Case Text
Judgment text and source record
20 paragraphs
Karega v Republic (Miscellaneous Criminal Application E158 of 2024) [2025] KEHC 937 (KLR) (4 February 2025) (Ruling)
Neutral citation: [2025] KEHC 937 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E158 of 2024
DR Kavedza, J
February 4, 2025
Between
Stephen Makau Karega
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and convicted for the offence of robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced death. His appeal before this court was dismissed vide Nairobi Criminal Appeal No. 84 of 2016.
2. He filed the present application dated 22nd October 2024 seeking revision of sentence. The grounds in support of the application are that he has been rehabilitated. He urged the court to revise the sentence of the trial court to a non-custodial sentence.
3. I have considered the application, the affidavit in support and the applicable law.
4. From the record, the applicant filed an appeal against his conviction and sentence which was heard and determined by this court. In the circumstances, the right forum for the applicant is the Court of Appeal.
5. In the circumstances, the application is dismissed for lack of jurisdiction.Order accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 4TH FEBRUARY 2025D. KAVEDZAJUDGE