[2025] KEHC 1083 (KLR)
The High Court lacks jurisdiction to entertain a sentence review application after it has already determined an appeal on the same conviction and sentence. The proper forum for any further challenge is the Court of Appeal. The applicant's humanitarian grounds, while noted, do not confer jurisdiction on the High...
Source-derived case information.
- Citation
- [2025] KEHC 1083 (KLR)
- Parties
- Applicant: Emmanuel Mateka Malele; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E021 of 2025
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review Application After Conviction and Partial Appeal
- Outcome
- Application dismissed for want of jurisdiction.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Sexual Offences, Jurisdiction, Appeal Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emmanuel Mateka Malele
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Application After Conviction and Partial Appeal
Legal Issues
- 1 Whether the High Court has jurisdiction to review the applicant's sentence after an appeal has already been determined by the same court.
- 2 Whether the applicant has demonstrated sufficient grounds for resentencing.
Ratio Decidendi
The High Court lacks jurisdiction to entertain a sentence review application after it has already determined an appeal on the same conviction and sentence. The proper forum for any further challenge is the Court of Appeal. The applicant's humanitarian grounds, while noted, do not confer jurisdiction on the High Court to revisit a matter already adjudicated on appeal. Accordingly, the application is dismissed for want of jurisdiction.
Court Disposition
Application dismissed for want of jurisdiction.
Orders
- The application for sentence review is dismissed.
- The applicant is directed not to file any other application without leave of court.
Full Case Text
Judgment text and source record
18 paragraphs
Malele v Republic (Miscellaneous Criminal Application E021 of 2025) [2025] KEHC 1083 (KLR) (4 March 2025) (Ruling)
Neutral citation: [2025] KEHC 1083 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E021 of 2025
DR Kavedza, J
March 4, 2025
Between
Emmanuel Mateka Malele
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and after a full trial convicted for the offence of rape contrary to section 3(1) of the Sexual Offences Act. No. 3 of 2006. He was sentenced to serve 30 years imprisonment. His appeal before this court was partially allowed and the sentenced reduced to 15 years imprisonment.
2. He has filed the present application received on 3rd February 2025 seeking sentence review. The averments made in support of the application are that he is 74 years old and has spent considerable time in prison. He has rehabilitated. He is the breadwinner in his family. He urged the court to resentence him.
3. From the record, the applicant filed an appeal against his conviction and sentence which was heard and determined on 11th June 2024 by this court. In the circumstances, the right forum for the applicant is the Court of Appeal. As such, the application is dismissed. The applicant is directed not to file any other application without leave of court.Order accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 4TH DAY OF MARCH 2025______________D. KAVEDZAJUDGE