[2025] KEHC 324 (KLR)
The High Court lacks jurisdiction to review or revise its own sentence orders after conviction and sentencing. The revisionary powers conferred by sections 362 to 364 of the Criminal Procedure Code apply only to decisions of subordinate courts, not to those of the High Court itself. Once the High Court has...
Source-derived case information.
- Citation
- [2025] KEHC 324 (KLR)
- Parties
- Applicant: Stephen Wesonga Magero; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E031 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- WM Musyoka
- Legal Topics
- Sentence Review, Jurisdiction of High Court, Revisionary Powers, Functus Officio
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Wesonga Magero
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to review or revise its own sentence order after conviction and sentencing in a murder case.
- 2 Whether the applicant is entitled to review of sentence on grounds of harshness, excessiveness, or rehabilitation.
Ratio Decidendi
The High Court lacks jurisdiction to review or revise its own sentence orders after conviction and sentencing. The revisionary powers conferred by sections 362 to 364 of the Criminal Procedure Code apply only to decisions of subordinate courts, not to those of the High Court itself. Once the High Court has pronounced sentence, it becomes functus officio and cannot entertain any challenge to its own orders, whether directly or disguised as a review application. The applicant's remedy, if aggrieved by sentence, lay in an appeal to the Court of Appeal, which he did not pursue. The application for review is therefore misconceived and must be dismissed for want of jurisdiction.
Court Disposition
application dismissed
Orders
- The application filed on 15th December 2023 is dismissed.
- The file shall be closed.
Full Case Text
Judgment text and source record
22 paragraphs
Magero v Republic (Miscellaneous Criminal Application E031 of 2023) [2025] KEHC 324 (KLR) (24 January 2025) (Ruling)
Neutral citation: [2025] KEHC 324 (KLR)
Republic of Kenya
In the High Court at Busia
Miscellaneous Criminal Application E031 of 2023
WM Musyoka, J
January 24, 2025
Between
Stephen Wesonga Magero
Applicant
and
Republic
Respondent
(Arising from a sentence order, in Busia HCCRC No. 11 of 2021, by Hon. JR Karanjah, Judge, of 14th December 2021)
Ruling
1. The applicant herein had been convicted of murder, contrary to section 203, as read with section 204, of the Penal Code, Cap 63, Laws of Kenya, and was sentenced to serve 20 years imprisonment, on 14th December 2021, in Busia HCCRC No. 11 of 2021.
2. He filed the instant application, which is undated, on 15th December 2023. He essentially seeks review of sentence, on the basis that it is harsh and excessive, and that he had reformed or had been rehabilitated.
3. The application has been canvassed by way of written submissions. Both sides have filed detailed written submissions, which I have read and considered.
4. The matter is straightforward. The applicant was convicted and sentenced by this court, differently constituted, in Busia HCCRC No. 11 of 2021. If he was aggrieved by the sentence imposed, he had a right of appeal, to the Court of Appeal, which he apparently did not take advantage of or exercise. The High Court became functus officio once it pronounced sentence. There would be no jurisdiction to entertain any sort of challenge to the said sentence order, even when and where the challenge is disguised as a review application. The applicant is, no doubt, mischievously inviting me to sit on appeal on a decision of my brother, Karanjah J, who was exercising a jurisdiction concurrent to mine. I decline that invitation.
5. Section 362, through to section 364, of the Criminal Procedure Code, Cap 75, Laws of Kenya, vests the High Court with revisionary power over court orders, on grounds of impropriety, illegality, incorrectness, or irregularity. Unfortunately, for the applicant, that revisionary power is available only with respect to decisions of subordinate courts, the magistrate’s courts in this case. The High Court cannot exercise the revisionary power, given to it by sections 362 to 364 of the Criminal Procedure Code, to revise or review its own orders.
6. There can be no merit, whatsoever, in the application that was filed herein on 15th December 2023, as the same is wholly misconceived, and I hereby dismiss it. This file shall be closed. It is so ordered.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA THIS 24TH DAY OF JANUARY 2025. W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.Mr. Stephen Wesonga Magero, the applicant, in person.AdvocatesMr. Onanda Antony, instructed by the Director of Public Prosecutions, for the respondent.