[2024] KEHC 11977 (KLR)
The High Court is functus officio and lacks jurisdiction to entertain a further review of the applicant's sentence after the applicant has already benefited from resentencing. The Supreme Court's decision in Muruatetu, which led to the initial resentencing, was erroneously applied to defilement cases, as the Supreme...
Source-derived case information.
- Citation
- [2024] KEHC 11977 (KLR)
- Parties
- Applicant: Lokudan Loteng; Respondent: State
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E047 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Review of Sentence
- Outcome
- application declined
- Judges
- RPV Wendoh
- Legal Topics
- Defilement Offence, Sentencing Review, Application of Supreme Court Precedent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lokudan Loteng
Applicant
State
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to further review the applicant's sentence after resentencing.
- 2 Whether the Supreme Court decision in Muruatetu applies to defilement cases for purposes of resentencing.
Ratio Decidendi
The High Court is functus officio and lacks jurisdiction to entertain a further review of the applicant's sentence after the applicant has already benefited from resentencing. The Supreme Court's decision in Muruatetu, which led to the initial resentencing, was erroneously applied to defilement cases, as the Supreme Court has since clarified that its holding is limited to murder cases. Therefore, the applicant cannot seek another review on the same basis, and any further grievances must be addressed to the Supreme Court. The application for review is unmerited and is accordingly declined.
Court Disposition
application declined
Orders
- The application for review is unmerited and declined.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Loteng v State (Criminal Revision E047 of 2024) [2024] KEHC 11977 (KLR) (30 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11977 (KLR)
Republic of Kenya
In the High Court at Kapenguria
Criminal Revision E047 of 2024
RPV Wendoh, J
September 30, 2024
Between
Lokudan Loteng
Applicant
and
State
Respondent
(From the original conviction and sentence in SPM’S CRIM. C. NO. 1021 OF 2011)
Ruling
1. Lokudan Loteng seeks a review of his sentence. He was convicted for the offence of defilement contrary to section 8(1) as read with Section 8 (2) of the SOA and sentenced to life imprisonment.
2. He appealed in HCRA. no. 98 of 2012 and on 30/5/2024 Judge J.R Karanja dismissed the appeal. He filed a second appeal to the Court of Appeal Eldoret and the same was denied; He applied to High Court for resentencing and life imprisonment was reduced to forty (40) years imprisonment. He is now back seeking further review.
3. The applicant has exhausted his Right of Appeal in the High Court and Court of Appeal. I believe the resentencing was based on the Supreme Court decision in Francis Karioko Muruatetu and other v.rep. Petition 15 & 16 of 2015 which was erroneously applied to all cases including defilement case that the Supreme Court has clarified this. The Muruatetu case does not apply to all other cases. Having benefited from the Muruatetu case, The applicant can not come back to this court for another review because this court is functus officio. If he has any grievances, he can only move the Supreme Court. For the above reason’s the application for review is unmerited and declined. File closed.
DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 30TH DAY OF SEPTEMBER, 2024. R. WENDOHJUDGEDelivered in the presence of:-In person - Appellant.Mr. Majale for the State.Court Assistants – Juma/Hellen