[2025] KEHC 4044 (KLR)
The High Court determined that it lacks jurisdiction to review or alter its own sentence in a murder conviction where the conviction and sentence were issued by a judge of concurrent jurisdiction. The applicant's recourse, if dissatisfied with the conviction or sentence, lies with the Court of Appeal. As such, the...
Source-derived case information.
- Citation
- [2025] KEHC 4044 (KLR)
- Parties
- Applicant: Absolom Lotim Limangura alias Kibet Krop; Respondent: State
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E049 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- RPV Wendoh
- Legal Topics
- Murder Conviction, Sentence Review, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Absolom Lotim Limangura alias Kibet Krop
Applicant
State
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to review its own sentence in a murder conviction.
- 2 Whether the applicant should seek redress in the Court of Appeal instead of the High Court.
Ratio Decidendi
The High Court determined that it lacks jurisdiction to review or alter its own sentence in a murder conviction where the conviction and sentence were issued by a judge of concurrent jurisdiction. The applicant's recourse, if dissatisfied with the conviction or sentence, lies with the Court of Appeal. As such, the application for sentence review was dismissed for want of jurisdiction.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Limangura alias Kibet Krop v State (Criminal Revision E049 of 2024) [2025] KEHC 4044 (KLR) (26 March 2025) (Ruling)
Neutral citation: [2025] KEHC 4044 (KLR)
Republic of Kenya
In the High Court at Kapenguria
Criminal Revision E049 of 2024
RPV Wendoh, J
March 26, 2025
Between
Absolom Lotim Limangura alias Kibet Krop
Applicant
and
State
Respondent
Ruling
1. The applicant, Absolom Lotim Limangura alias Kibet Krop was convicted for the offence of murder contrary to section 203 as read with section 204 of the Penal Code by Justice Sitati and sentenced to twenty-five (25) years imprisonment on 11/8/2020.
2. The applicant has filed this undated Notice of Motion under Article 165 (3) (a) and (b) of the Constitution seeking a review of his sentence of twenty-five (25) years to a lesser sentence.
3. The application was opposed by the Prosecution Counsel, Mr. Majale who submitted that this court has no jurisdiction to entertain the
4. application because the applicant was convicted by this court on 11/8/2020 for Murder and cannot approach the same court for redress again.
5. As noted above, the applicant was convicted for Murder by Justice Sitati and sentenced to twenty-five (25) years imprisonment on 11/8/2020. He was convicted by a court of concurrent jurisdiction. If the applicant is dissatisfied with the said conviction or sentence, his recourse is to approach the Court of Appeal for redress. This court has no jurisdiction to hear him again. The application is hereby dismissed.File closed.
DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 26TH DAY OF MARCH, 2025. R. WENDOH.JUDGE.Judgment delivered in virtually in the presence of;-Mr. Majale for stateApplicant – presentCourt Assistants -Juma/Hellen