[2025] KEHC 8866 (KLR)
The court held that it lacked jurisdiction to entertain the application for review of sentence because the applicant's appeal had already been dismissed by the High Court. Section 6 of the Criminal Procedure Code does not confer jurisdiction on the High Court to review its own decision after an appeal has been...
Source-derived case information.
- Citation
- [2025] KEHC 8866 (KLR)
- Parties
- Applicant: Reuben Mulatia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E022 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- AN Ongeri
- Legal Topics
- Sentence Review, Jurisdiction of High Court, Defilement Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reuben Mulatia
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to review a sentence after dismissal of an appeal.
- 2 Whether the applicant is entitled to a review of sentence under Section 6 of the Criminal Procedure Code.
Ratio Decidendi
The court held that it lacked jurisdiction to entertain the application for review of sentence because the applicant's appeal had already been dismissed by the High Court. Section 6 of the Criminal Procedure Code does not confer jurisdiction on the High Court to review its own decision after an appeal has been determined. The application was therefore dismissed for want of jurisdiction.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
21 paragraphs
Mulatia v Republic (Miscellaneous Application E022 of 2024) [2025] KEHC 8866 (KLR) (14 March 2025) (Ruling)
Neutral citation: [2025] KEHC 8866 (KLR)
Republic of Kenya
In the High Court at Voi
Miscellaneous Application E022 of 2024
AN Ongeri, J
March 14, 2025
Between
Reuben Mulatia
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was sentenced to life imprisonment for the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act No. 3 of 2006 on 26th June 2014.
2. The Applicant appealed to this High Court and his appeal was dismissed on 16th February 2017.
3. The Applicant suffered a stroke during the period he has been in custody and he has applied to this court under Section 6 of the Criminal Procedure Code for review of the sentence.
4. Section 6 of the CPC states as follows:-(Julie please state Section 6 of the Criminal Procedure Code here)
5. I have considered the submissions by both parties. I find that this court has no jurisdiction to entertain this case since the appeal had been dismissed by the High Court.
6. The application for review is accordingly dismissed.
DATED, SIGNED AND DELIVERED THIS 14TH OF MARCH 2025 IN OPEN COURT AT VOI HIGH COURT.ASENATH ONGERIJUDGEIn the presence of:-Court Assistants: Maina/Millicent