[2025] KEHC 445 (KLR)
The High Court lacks jurisdiction to entertain an application for revision of sentence where the applicant has already appealed and the appeal has been determined by the same court. The proper forum for any further challenge is the Court of Appeal. The application for revision is therefore dismissed for want of...
Source-derived case information.
- Citation
- [2025] KEHC 445 (KLR)
- Parties
- Applicant: LKO; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 56 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
- Incest Offence, Sentence Revision, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
LKO
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 applicant's sentence after an appeal has been determined.
- 2 Whether the time spent in remand custody should be considered in revising the sentence.
Ratio Decidendi
The High Court lacks jurisdiction to entertain an application for revision of sentence where the applicant has already appealed and the appeal has been determined by the same court. The proper forum for any further challenge is the Court of Appeal. The application for revision is therefore dismissed for want of jurisdiction.
Court Disposition
application dismissed for lack of jurisdiction
Orders
- The application for revision of sentence is dismissed for lack of jurisdiction.
Full Case Text
Judgment text and source record
20 paragraphs
LKO v Republic (Miscellaneous Criminal Application 56 of 2024) [2025] KEHC 445 (KLR) (27 January 2025) (Ruling)
Neutral citation: [2025] KEHC 445 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application 56 of 2024
DR Kavedza, J
January 27, 2025
Between
LKO
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and convicted for the offence of incest contrary to section 20(1) of the Sexual Offences Act, No. 3 of 2006. He was sentenced to serve twenty years imprisonment. He filed an appeal challenging his conviction and sentence. The conviction was conviction was upheld and the sentence set to run from the date of arrest 29th January 2016.
2. He filed the present undated application received on 18th December 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 to consider the time spent in remand custody.
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 27THDAY OF JANUARY 2025D. KAVEDZAJUDGE