[2024] KEHC 4124 (KLR)
The High Court at Kakamega lacks jurisdiction to review or vary a sentence that has already been reviewed and reduced by the High Court at Kisumu, as both courts are of concurrent jurisdiction. Entertaining the application would amount to sitting on appeal or review over a decision of a court of equal status, which...
Source-derived case information.
- Citation
- [2024] KEHC 4124 (KLR)
- Parties
- Applicant: Pius Mutoka Lumumba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E010 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application struck out for want of jurisdiction
- Judges
- SC Chirchir
- Legal Topics
- Sentence Review, Jurisdiction, Concurrent Jurisdiction, Sub Judice, Probation, Sentence Reduction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pius Mutoka Lumumba
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Does the High Court at Kakamega have jurisdiction to review a sentence already reviewed by the High Court at Kisumu, a court of concurrent jurisdiction?
- 2 Is the applicant entitled to have the remainder of his sentence served on probation given the prior review and reduction of sentence by another High Court?
- 3 Does the principle of sub judice apply to the present application for sentence revision?
Ratio Decidendi
The High Court at Kakamega lacks jurisdiction to review or vary a sentence that has already been reviewed and reduced by the High Court at Kisumu, as both courts are of concurrent jurisdiction. Entertaining the application would amount to sitting on appeal or review over a decision of a court of equal status, which is impermissible. Furthermore, the matter is sub judice, as the issue of sentence review has already been determined by the High Court at Kisumu. Therefore, the application for further review or for the remaining sentence to be served on probation is incompetent and must be struck out for want of jurisdiction.
Court Disposition
application struck out for want of jurisdiction
Orders
- The application dated 15th February 2023 is struck out.
- The court has no jurisdiction to review orders of a court of concurrent jurisdiction.
Full Case Text
Judgment text and source record
24 paragraphs
Lumumba v Republic (Miscellaneous Criminal Application E010 of 2023) [2024] KEHC 4124 (KLR) (25 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4124 (KLR)
Republic of Kenya
In the High Court at Kakamega
Miscellaneous Criminal Application E010 of 2023
SC Chirchir, J
April 25, 2024
IN THE MATTER OF; ARTICLES 1, 2, 22, 25, 27, 47, 50, (2) .159 & 165 OF THE CONSTITUTION; AND IN THE M ATTER OF SECTIONS 362, 364 [3], 367 OF THE C.P.C AND IN THE MATTER OF HC.ORG.CR CA NO.7 OF 2005
Between
Pius Mutoka Lumumba
Applicant
and
Republic
Respondent
Ruling
1. Through the Notice of Motion dated 15th February 2023 and filed on 23. 2.2023, the Applicant herein seeks for review of sentence and prays that the 2 remaining years of his imprisonment be served on probation.
2. The Application is based on the fact that the applicant has been rehabilitated, that he has now served 18 years in custody. He also submits that he has gained some useful skills while in custody.
Determination 3. The applicant was charged with 5 others with murder at the Kakamega high court in Criminal case No. 7 of 2005 , was convicted and the sentenced to death in April 2011.
4. On appeal to the court of Appeal in Kisumu, dismissed the Appeal
5. In his undated submissions forwarded by prisons department ( Kakamega) on 8. 12. 2023 ,the applicant has further stated that he filed a petition for review in the high court in Kisumu on 10th February 2020 being petition number 12 of 2020 for reduction of sentence, and the sentence was reduced to 30 years, which was to run from the date of his arrest.
6. Thus, by the applicant’s own admission, his sentence has been reviewed by the high court in Kisumu. The said court is of concurrent jurisdiction as this court.
7. This court has no jurisdiction to review orders of a court of concurrent jurisdiction In effect, the high court has become sub judice as far as revision Application is concerned.
8. This court has no jurisdiction to grant the powers being sought and the Application is hereby struck off .
DATED, SIGNED AND DELIVERED AT NAIROBI, VIA MICROSOFT TEAMS THIS 25TH DAY OF APRIL, 2024. S. CHIRCHIRJUDGEIn the presence of:Godwin- Court AssistantThe Applicant.