[2023] KEHC 23177 (KLR)
The High Court lacks jurisdiction to review or alter a sentence that has already been upheld by another judge of the High Court, as both courts are of concurrent jurisdiction. The applicant's remedy lies in pursuing his pending appeal or seeking review before the Court of Appeal, which has the requisite appellate...
Source-derived case information.
- Citation
- [2023] KEHC 23177 (KLR)
- Parties
- Applicant: Moses Kakukyo Kareyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E003 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- Application dismissed for want of jurisdiction.
- Judges
- RB Ngetich
- Legal Topics
- Defilement, Sentencing Review, Sexual Offences Act, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Kakukyo Kareyo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to review a sentence that was upheld by another High Court judge.
- 2 Whether the applicant is entitled to a review of the life sentence imposed for defilement under the Sexual Offences Act.
Ratio Decidendi
The High Court lacks jurisdiction to review or alter a sentence that has already been upheld by another judge of the High Court, as both courts are of concurrent jurisdiction. The applicant's remedy lies in pursuing his pending appeal or seeking review before the Court of Appeal, which has the requisite appellate and review powers over decisions of the High Court. The court acknowledges the Court of Appeal's finding that mandatory life sentences are unconstitutional but is bound by jurisdictional limits and cannot grant the relief sought by the applicant in this forum.
Court Disposition
Application dismissed for want of jurisdiction.
Orders
- The application for review of sentence is dismissed.
- The file is marked as closed.
Full Case Text
Judgment text and source record
20 paragraphs
Kareyo v Republic (Miscellaneous Criminal Application E003 of 2023) [2023] KEHC 23177 (KLR) (5 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23177 (KLR)
Republic of Kenya
In the High Court at Kabarnet
Miscellaneous Criminal Application E003 of 2023
RB Ngetich, J
October 5, 2023
Between
Moses Kakukyo Kareyo
Applicant
and
Republic
Respondent
Ruling
1. From the application filed on the 11th day of April 2020 by applicant herein, he was charged with defilement of a girl contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act.
2. He was sentenced to life imprisonment by the Trial Court. The applicant has indicated that he filed appeal in Eldoret High Court being HCRA No 65 of 2011 wherein the appeal was dismissed and sentence imposed by Trial Court upheld by the High Court.
3. The applicant has informed this Court that his appeal is pending in the Court of Appeal. The applicant now seeks review of sentence upheld by a Court with concurrent jurisdiction as this Court.
4. Whereas I agree with decision of the Court of Appeal in Malindi Criminal Appeal No12 of 2021 Between Julius Kitsao Manyeso vs Republic that life sentence is unconstitutional, I do not have jurisdiction to review sentence upheld by my colleague.
5. I hereby advise the applicant to pursue appeal in Court of Appeal or seek review by Court of Appeal. This file is marked as closed.
RULING DELIVERED, DATED AND SIGNED IN VIRTUALLY AT KABARNET THIS 5TH DAY OF OCTOBER 2023. ....................RACHEL NGETICHJUDGE