[2025] KEHC 7496 (KLR)
The High Court lacks jurisdiction to review a sentence after an appeal has been heard and determined, regardless of the grounds advanced, including sickness. The law does not provide for a further review of sentence post-appeal. The appropriate avenue for the applicant, if seeking relief due to medical...
Source-derived case information.
- Citation
- [2025] KEHC 7496 (KLR)
- Parties
- Applicant: Kyalo Mulwa; Respondent: Office of the Director of Prosecutions Voi
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E115 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- AN Ongeri
- Legal Topics
- Defilement Offence, Sentence Review, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kyalo Mulwa
Applicant
Office of the Director of Prosecutions Voi
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to review a sentence after an appeal has been dismissed.
- 2 Whether sickness constitutes a valid ground for sentence review post-appeal.
Ratio Decidendi
The High Court lacks jurisdiction to review a sentence after an appeal has been heard and determined, regardless of the grounds advanced, including sickness. The law does not provide for a further review of sentence post-appeal. The appropriate avenue for the applicant, if seeking relief due to medical circumstances, is to petition the Mercy Committee, which is constitutionally empowered to consider such cases for pardon or commutation of sentence under the prerogative of mercy. Accordingly, the application for revision is dismissed for want of jurisdiction and merit.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
- The applicant is advised to seek relief before the Mercy Committee.
Full Case Text
Judgment text and source record
25 paragraphs
Mulwa v Office of the Director of Prosecutions Voi (Criminal Revision E115 of 2024) [2025] KEHC 7496 (KLR) (30 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7496 (KLR)
Republic of Kenya
In the High Court at Voi
Criminal Revision E115 of 2024
AN Ongeri, J
May 30, 2025
Between
Kyalo Mulwa
Applicant
and
Office of the Director of Prosecutions Voi
Respondent
Ruling
1. The Applicant was sentenced to life imprisonment by the trial court 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.
2. He appealed to the High Court at Voi and his Appeal No. 46 of 2016 was dismissed.
3. The Appellant is seeking review of his sentence on the basis of sickness.
4. This court has no jurisdiction to entertain this application.
5. If the Applicant has been heard on appeal, there is no provision for review of the sentence on any grounds.
6. The Applicant, having been convicted and sentenced to life imprisonment for the offence of defilement under Section 8(1) as read with Section 8(2) of the Sexual Offences Act No. 3 of 2006, and having exhausted his right of appeal before the High Court at Voi where his appeal was dismissed, now seeks a review of his sentence on the grounds of sickness.
7. However, this court lacks jurisdiction to entertain such an application. Once an appeal has been heard and determined, there exists no legal provision under Kenyan law that permits a further review of the sentence on any grounds, including medical circumstances.
8. The proper recourse for the Applicant, if he seeks relief on the basis of his health condition, lies before the Mercy Committee, which is constitutionally mandated to consider such exceptional cases for possible pardon or commutation of sentence under the prerogative of mercy.
9. Consequently, the application for revision is devoid of merit and is hereby dismissed.
10. The Applicant is advised to pursue the appropriate remedy before the relevant body as indicated.
DATED, SIGNED AND DELIVERED THIS 30TH DAY OF MAY, 2025 IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Court Assistant: Millicent