[2025] KEHC 5470 (KLR)

[2025] KEHC 5470 (KLR)

The High Court lacks jurisdiction to revise or review a sentence imposed by a judge of concurrent jurisdiction, as its revisionary powers under Article 165 of the Constitution and Sections 362 and 364 of the Criminal Procedure Code are confined to subordinate courts. The applicant's request for sentence review on...

Source-derived case information.

Citation
[2025] KEHC 5470 (KLR)
Parties
Applicant: Goffrey Kilonzo Makau; Respondent: Republic
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
24 April 2025
Case Number
Criminal Revision E127 of 2024
Procedural Posture
Criminal Revision / Judgment
Outcome
application dismissed for want of jurisdiction
Judges
EN Maina
Legal Topics
Revision Jurisdiction, Functus Officio, Sentence Review, Supervisory Powers, Power of Mercy
Source Language
english
Criminal Law Revision Jurisdiction Functus Officio Sentence Review Supervisory Powers Power of Mercy

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Parties

Goffrey Kilonzo Makau

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Judgment

Legal Issues

  1. 1 Whether the High Court has jurisdiction to revise its own sentence passed by a judge of concurrent jurisdiction.
  2. 2 Whether the applicant is entitled to sentence review on grounds of illness under the cited provisions.
  3. 3 Whether the proper avenue for relief is a petition for mercy under Article 133 of the Constitution.

Ratio Decidendi

The High Court lacks jurisdiction to revise or review a sentence imposed by a judge of concurrent jurisdiction, as its revisionary powers under Article 165 of the Constitution and Sections 362 and 364 of the Criminal Procedure Code are confined to subordinate courts. The applicant's request for sentence review on grounds of illness cannot be entertained by this court, as the law does not permit a court to sit in appeal or review over its own or a concurrent court's decision. The proper avenue for such relief is a petition for the President's Power of Mercy under Article 133 of the Constitution. Consequently, the application is dismissed for want of jurisdiction.

Court Disposition

application dismissed for want of jurisdiction

Orders

  • The application is dismissed.
  • No orders as to sentence review are granted.