[2025] KEHC 4881 (KLR)

[2025] KEHC 4881 (KLR)

The court held that it lacks jurisdiction to review or revise a sentence imposed by another High Court of equal jurisdiction. The power of revision under Section 362 of the Criminal Procedure Code is confined to sentences or orders of subordinate courts, and only where no right of appeal exists. Article 50(2)(q) of...

Source-derived case information.

Citation
[2025] KEHC 4881 (KLR)
Parties
Applicant: Solomon Mutuku Mativo; Respondent: Republic
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
23 April 2025
Case Number
Criminal Miscellaneous Application E017 of 2025
Procedural Posture
Criminal Miscellaneous Application / Judgment
Outcome
application dismissed
Judges
EN Maina
Legal Topics
Sentence Review, High Court Jurisdiction, Revision Powers, Right of Appeal
Source Language
english
Criminal Law Sentence Review High Court Jurisdiction Revision Powers Right of Appeal

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Summary, issues, holding and outcome

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Parties

Solomon Mutuku Mativo

Applicant

Republic

Respondent

Procedural Posture

Criminal Miscellaneous Application / Judgment

Legal Issues

  1. 1 Whether the High Court has jurisdiction to review or revise a sentence imposed by another High Court of equal jurisdiction.
  2. 2 Whether the applicant is entitled to a review of sentence under Article 50(2)(q) of the Constitution or Section 362 of the Criminal Procedure Code.

Ratio Decidendi

The court held that it lacks jurisdiction to review or revise a sentence imposed by another High Court of equal jurisdiction. The power of revision under Section 362 of the Criminal Procedure Code is confined to sentences or orders of subordinate courts, and only where no right of appeal exists. Article 50(2)(q) of the Constitution entitles a convicted person to seek review by a higher court, not a court of equal status. Since the applicant was convicted and sentenced by a High Court, the only recourse available is to appeal, not to seek revision or review before another High Court. Accordingly, the application was not properly before the court and was dismissed.

Court Disposition

application dismissed

Orders

  • The application for reduction/review of sentence is dismissed.
  • No order as to costs.