[2025] KEHC 9432 (KLR)

[2025] KEHC 9432 (KLR)

The court held that its revisionary powers under sections 362-364 of the Criminal Procedure Code and Article 165(6) and (7) of the Constitution are limited to orders from subordinate courts or tribunals and do not extend to revising its own judgments. The petitioners' application for a non-custodial sentence or sentence to time served was therefore misconceived, as the proper forum for such relief is the Court of Appeal. The court found that the petitioners had misapprehended the scope of the High Court's supervisory and revisionary jurisdiction, and accordingly dismissed the petition for lack of merit and jurisdiction.

Citation
[2025] KEHC 9432 (KLR)
Parties
Applicant: Mumo Mulandi; Applicant: Dominic Nzangi Kimeu; Respondent: The Republic
Court
High Court
Court Station
High Court at Makueni
Jurisdiction
Kenya
Judgment Date
4 April 2025
Case Number
Criminal Petition E008 of 2023
Procedural Posture
Criminal Petition / Judgment
Outcome
petition dismissed
Judges
TM Matheka
Legal Topics
Revisionary Jurisdiction, Sentencing Review, Non Custodial Sentences, Supervisory Powers, Appellate Procedure
Source Language
English
Criminal Law Civil Procedure Revisionary Jurisdiction Sentencing Review Non Custodial Sentences Supervisory Powers Appellate Procedure

Case Brief

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Parties

Mumo Mulandi

Applicant

Dominic Nzangi Kimeu

Applicant

The Republic

Respondent

Procedural Posture

Criminal Petition / Judgment

Legal Issues

  1. 1 Whether the High Court has jurisdiction to revise its own judgment under sections 362-364 of the Criminal Procedure Code and Article 165(6) and (7) of the Constitution.
  2. 2 Whether the petitioners are entitled to a non-custodial sentence or sentence to time served based on mitigating factors.
  3. 3 Whether the petitioners should seek relief in the Court of Appeal rather than the High Court.

Ratio Decidendi

The court held that its revisionary powers under sections 362-364 of the Criminal Procedure Code and Article 165(6) and (7) of the Constitution are limited to orders from subordinate courts or tribunals and do not extend to revising its own judgments. The petitioners' application for a non-custodial sentence or sentence to time served was therefore misconceived, as the proper forum for such relief is the Court of Appeal. The court found that the petitioners had misapprehended the scope of the High Court's supervisory and revisionary jurisdiction, and accordingly dismissed the petition for lack of merit and jurisdiction.

Court Disposition

petition dismissed

Orders

  • The petition is dismissed for lack of merit and jurisdiction.
  • Any further applications from the petitioners will only be filed with leave of court.