[2024] KEHC 8541 (KLR)
The High Court determined that it lacked jurisdiction to entertain a petition challenging its own appellate decision, as such matters should be addressed to the Court of Appeal under the constitutional structure. The court emphasized that its supervisory jurisdiction under Article 165(6) of the Constitution extends...
Source-derived case information.
- Citation
- [2024] KEHC 8541 (KLR)
- Parties
- Applicant: Peter Muthini Makumbi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E007 of 2024
- Procedural Posture
- Criminal Petition / Ruling
- Outcome
- petition struck out
- Judges
- LW Gitari
- Legal Topics
- Jurisdiction of High Court, Appeals Process, Supervisory Jurisdiction, Natural Justice, Functus Officio
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Muthini Makumbi
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain a petition challenging its own appellate decision.
- 2 Whether the petitioner's rights were violated in the appellate process.
- 3 Whether the petition is properly before the court.
Ratio Decidendi
The High Court determined that it lacked jurisdiction to entertain a petition challenging its own appellate decision, as such matters should be addressed to the Court of Appeal under the constitutional structure. The court emphasized that its supervisory jurisdiction under Article 165(6) of the Constitution extends only to subordinate courts, not to itself or other superior courts. The petition was also found to be fatally defective and without merit, as the applicant failed to demonstrate any violation of his rights or any legal basis for the court to revisit its own decision. Consequently, the court held that it was functus officio, having already heard and determined the appeal, and...
Court Disposition
petition struck out
Orders
- The petition is struck out with no further orders.
Full Case Text
Judgment text and source record
16 paragraphs
Makumbi v Republic (Criminal Petition E007 of 2024) [2024] KEHC 8541 (KLR) (4 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8541 (KLR)
Republic of Kenya
In the High Court at Chuka
Criminal Petition E007 of 2024
LW Gitari, J
July 4, 2024
Between
Peter Muthini Makumbi
Applicant
and
Republic
Respondent
Ruling
1. I have considered the petition. The petition is misplaced as the grounds relied on are grounds which should be raised in an appeal. The petition is fatally defective as the prayers sought cannot be granted by this court. It is a cardinal Rule of Natural Justice that one cannot be a Judge in his own cause. The Petitioner is challenging the decision of this court which heard and determined the appeal. Under the system of the courts under Article 162 of the Constitution, appeals from the High Court should be filed in the Court of Appeal. The jurisdiction of the High Court under Article 165(6) of the Constitution, the supervisory jurisdiction of this court is over Sub-ordinates court and not over superior courts.
2. The appellant was lawfully sentenced by the sub-ordinate court and the appeal was dismissed. The Petitioner has not shown how his rights were violated. This court is Fuctus Official as it heard the appeal and upheld the conviction and sentence. The Petition is not properly before this court and is also without merits. I order that it be struck out with no further orders.DATED, SIGNED AND DELIVERED AT CHUKA THIS 4TH DAY OF JULY 2024. L.W. GITARIJUDGE4/7/2024The Ruling has been read out in open court, applicant present from Embu Prison virtually.L.W. GITARIJUDGE4/7/2024