[2024] KEHC 5484 (KLR)
The High Court held that it had already discharged its duty in the applicant's case and became functus officio after sentencing. Since the Court of Appeal had already considered and reduced the applicant's sentence, the High Court lacked jurisdiction to entertain a further application for revision of sentence....
Source-derived case information.
- Citation
- [2024] KEHC 5484 (KLR)
- Parties
- Applicant: Jane Nambuye Manyonge; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 74 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Murder Sentencing, Revision Jurisdiction, Functus Officio, Hierarchy of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Nambuye Manyonge
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to revise a sentence already considered and altered by the Court of Appeal.
- 2 Whether the principle of functus officio bars the High Court from entertaining the application for revision of sentence.
Ratio Decidendi
The High Court held that it had already discharged its duty in the applicant's case and became functus officio after sentencing. Since the Court of Appeal had already considered and reduced the applicant's sentence, the High Court lacked jurisdiction to entertain a further application for revision of sentence. Entertaining such an application would disregard the hierarchy of courts and amount to an abuse of the court process. The application was therefore dismissed for want of jurisdiction and as an abuse of process.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
- The applicant is directed not to file a similar application unless with the leave of court.
Full Case Text
Judgment text and source record
21 paragraphs
Manyonge v Republic (Criminal Revision 74 of 2023) [2024] KEHC 5484 (KLR) (22 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5484 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 74 of 2023
DR Kavedza & DR Kavedza, JJ
May 22, 2024
Between
Jane Nambuye Manyonge
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and convicted for the offence of murder contrary to section 203 as read with 204 of the Penal Code. She was sentenced to death by this Court. On appeal, to the Court of Appeal, her sentence was reduced to 20 years imprisonment. Being aggrieved, the applicant has filed the present application seeking revision of sentence.
2. The grounds raised are that since her incarceration, she has undergone rehabilitation. She is remorseful. She urged the court to consider her mitigation. In addition, the time spent in custody is adequate incarceration.
3. I have considered the application, the affidavit in support and the applicable law. From the record, I note that the matter was already handled by the Court of Appeal. If this court ventures into handling the application on its merits would be tantamount to a disregard for the hierarchy of courts. This court has no jurisdiction to supervise a superior court.
4. As noted above, this court has already discharged its duty and became functus officio. I do not understand why the applicant having exhausted his avenues of appeal has come back to this court unless he is intent on abusing the court process.
5. As a result, the application is dismissed. The applicant is directed not to file a similar application unless with the leave of court.
Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 22ND DAY OF MAY 2024_______________D. KAVEDZAJUDGE