[2024] KEHC 11042 (KLR)
The High Court lacks jurisdiction to entertain an application for revision or computation of sentence where the conviction and sentence have already been upheld by the Court of Appeal and a previous application for resentencing has been dismissed. The principle of finality of litigation and the doctrine of...
Source-derived case information.
- Citation
- [2024] KEHC 11042 (KLR)
- Parties
- Applicant: Damaris Mueni Musau; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E1444 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed for want of jurisdiction
- Judges
- LN Mutende
- Legal Topics
- Murder, Sentencing, Jurisdiction, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Damaris Mueni Musau
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to revise or compute a sentence already upheld by the Court of Appeal.
- 2 Whether the applicant is entitled to a revision of sentence for computation purposes after prior applications were dismissed.
Ratio Decidendi
The High Court lacks jurisdiction to entertain an application for revision or computation of sentence where the conviction and sentence have already been upheld by the Court of Appeal and a previous application for resentencing has been dismissed. The principle of finality of litigation and the doctrine of concurrent jurisdiction bar the court from revisiting the matter. The application is therefore dismissed for want of jurisdiction.
Court Disposition
application dismissed for want of jurisdiction
Orders
- The application is dismissed.
Full Case Text
Judgment text and source record
22 paragraphs
Musau v Republic (Miscellaneous Criminal Application E1444 of 2024) [2024] KEHC 11042 (KLR) (Crim) (19 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11042 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Application E1444 of 2024
LN Mutende, J
September 19, 2024
Between
Damaris Mueni Musau
Applicant
and
Republic
Respondent
Ruling
1. Damaris Mueni Musau, the Applicant, was charged, convicted and sentenced to suffer death for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. Aggrieved, she appealed to the Court of Appeal which upheld the decision of the High Court, the trial court.
2. Subsequently, she approached court through Miscellaneous Criminal Application Number E311 of 2021, seeking resentencing, where this court pronounced itself thus:“As correctly submitted by the Respondent, the matter in issue was dealt with to finality such that I cannot purport to review it. Consequently, since I am divested of the jurisdiction to determine this matter, the application fails and is dismissed.”
3. In the instant application she seeks revision of the sentence for purposes of computation. It is notable that the applicant was sentenced by a court of concurrent jurisdiction, a conviction and sentence that was upheld by the Court of Appeal. This was followed by the instant court adjudicating over another application in her regard.
4. The Court of Appeal which rendered itself in CRAPP. NO. 100 of 2017, Damaris Mueni Musau v Republic [2020] eklr stated that:“Turning to sentence…..Having considered the circumstances under which the offence was committed as well as the appellant’s defence, we find no reason to interfere with the sentence meted against the Appellant”.
5. In the result, I have no jurisdiction to pronounce myself in the instant matter. Therefore, the application is dismissed.
6. It is so ordered
DATED, SIGNED AND DELIVERED VIRTUALLYTHROUGH MICROSOFT TEAMS AT NAIROBI,THIS 19TH DAY OF SEPTEMBER, 2024. L. N. MUTENDEJUDGE