[2023] KEHC 24049 (KLR)

[2023] KEHC 24049 (KLR)

The High Court, having exercised its appellate jurisdiction and delivered judgment in the applicant's appeal, is functus officio and lacks jurisdiction to revise the sentence imposed. The principle of functus officio precludes the court from revisiting or altering its own final decision, except as provided by law,...

Source-derived case information.

Citation
[2023] KEHC 24049 (KLR)
Parties
Applicant: Jackson Musila Musonye; Respondent: Republic (DPP)
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E038 of 2023
Procedural Posture
Miscellaneous Criminal Application / Ruling
Outcome
Application dismissed for want of jurisdiction.
Judges
PJO Otieno
Legal Topics
Revision of Sentence, Jurisdiction, Functus Officio
Source Language
en
Criminal Law Revision of Sentence Jurisdiction Functus Officio

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Parties

Jackson Musila Musonye

Applicant

Republic (DPP)

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling

Legal Issues

  1. 1 Whether the High Court has jurisdiction to revise a sentence imposed by a court of concurrent jurisdiction exercising appellate jurisdiction.
  2. 2 Whether the principle of functus officio applies to bar the court from revisiting its earlier judgment.

Ratio Decidendi

The High Court, having exercised its appellate jurisdiction and delivered judgment in the applicant's appeal, is functus officio and lacks jurisdiction to revise the sentence imposed. The principle of functus officio precludes the court from revisiting or altering its own final decision, except as provided by law, which is not applicable in the present circumstances. Therefore, the application for revision is dismissed for want of jurisdiction.

Court Disposition

Application dismissed for want of jurisdiction.

Orders

  • The application for revision is dismissed.
  • The court file is to be closed.