[2024] KEHC 2614 (KLR)
The High Court held that it had already determined the applicant's request for revision of sentence in a previous ruling by Justice Musyoka, who dismissed the application for review based on the Supreme Court's decision in Francis K. Muruatetu & Another v Republic. The current application, though anchored on a...
Source-derived case information.
- Citation
- [2024] KEHC 2614 (KLR)
- Parties
- Applicant: Dennis Okello Mateba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E011 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Notice of Motion for Revision of Sentence
- Outcome
- application struck out as incompetent; court functus officio
- Judges
- SC Chirchir
- Legal Topics
- Defilement Offence, Sentence Revision, Mandatory Sentences, Functus Officio, Jurisdiction, Post Conviction Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Okello Mateba
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Notice of Motion for Revision of Sentence
Legal Issues
- 1 Whether the High Court can revise a sentence already considered and dismissed by a judge of concurrent jurisdiction.
- 2 Whether the application for revision of sentence is competent in light of the functus officio doctrine.
Ratio Decidendi
The High Court held that it had already determined the applicant's request for revision of sentence in a previous ruling by Justice Musyoka, who dismissed the application for review based on the Supreme Court's decision in Francis K. Muruatetu & Another v Republic. The current application, though anchored on a different case (Philip v DPP), sought the same relief and was therefore res judicata. The court found itself functus officio, lacking jurisdiction to revisit or revise the orders of a judge with concurrent jurisdiction. The applicant's proper remedy was to appeal the previous decision, not to file a new application before the same court. Consequently, the application was found to be...
Court Disposition
application struck out as incompetent; court functus officio
Orders
- The application is hereby struck off.
Full Case Text
Judgment text and source record
21 paragraphs
Mateba v Republic (Miscellaneous Criminal Application E011 of 2023) [2024] KEHC 2614 (KLR) (11 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2614 (KLR)
Republic of Kenya
In the High Court at Kakamega
Miscellaneous Criminal Application E011 of 2023
SC Chirchir, J
March 11, 2024
Between
Dennis Okello Mateba
Applicant
and
Republic
Respondent
Ruling
1. The Applicant herein was convicted of the offence of defilement by the Chief Magistrate’s Court at Kakamega. He was dissatisfied and filed an appeal to the High Court on conviction and sentence. On 18. 12. 2025, the High Court dismissed his appeal on both grounds.
2. On 6. 8.2020 he Ccame back to this court by way of a petition seeking for a review of sentence on the basis of the supreme court decision on the case of Francis k. Muruatetu and Ano v Republic (2017) eKLR which declared minimum mandatory sentences of death penalty unconstitutional. Justice Musyoka considered the application and dismissed it.
3. Through the current Notice of motion, the Applicant is basically making the same prayers, only that this time he is anchoring his application for revision of sentence on the case of Philip v DPP (Machakos High Court Petition No. E17 of 2021.
4. The application must fail because this court has already expressed itself on the revision of sentence through the Ruling of Justice Musyoka.This court has become functus officio.
5. I have no powers to revise the orders of judge with concurrent jurisdiction. If the Applicant felt dissatisfied with the orders of justice Musyoka, his recourse is not to come back to this court.
6. The application is incompetent. It is hereby struck off.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 11TH DAY OF MARCH, 2024S. CHIRCHIRJUDGEIn the presence of;-Godwin – Court AssistantThe Applicant