[2024] KEHC 3583 (KLR)
The High Court, being of concurrent jurisdiction with the court that previously determined the applicant's revision applications, lacks the authority to review or revise the sentence imposed. Entertaining the present application would amount to sitting as an appellate court over a decision of a court of equal...
Source-derived case information.
- Citation
- [2024] KEHC 3583 (KLR)
- Parties
- Applicant: Lucy Catherine Mutitu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 103 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed for want of jurisdiction
- Judges
- DR Kavedza
- Legal Topics
- Revision of Sentence, Jurisdiction of High Court, Functus Officio, Obtaining by False Pretenses, Personation, Concurrent Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Catherine Mutitu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to revise a sentence previously determined by a court of concurrent jurisdiction.
- 2 Whether the principle of functus officio applies to bar the present application for revision.
Ratio Decidendi
The High Court, being of concurrent jurisdiction with the court that previously determined the applicant's revision applications, lacks the authority to review or revise the sentence imposed. Entertaining the present application would amount to sitting as an appellate court over a decision of a court of equal standing, which is impermissible. Furthermore, the court is functus officio, having already determined the matter in prior proceedings. 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.
- No further orders are issued.
Full Case Text
Judgment text and source record
19 paragraphs
Mutitu v Republic (Criminal Revision 103 of 2024) [2024] KEHC 3583 (KLR) (15 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3583 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 103 of 2024
DR Kavedza, J
April 15, 2024
Between
Lucy Catherine Mutitu
Applicant
and
Republic
Respondent
Ruling
1. This matter has been brought to me under the Prison Decongestion Exercise been undertaken by this court.
2. The applicant pleaded guilty on three counts for the offence of obtaining money by false pretenses contrary to section 313 of the Penal code and three counts of personating a public officer contrary to section 105(b) of the Penal Code. She was sentenced to serve 2 years imprisonment on each count of obtaining money by false pretenses and pay a fine of Kshs. 50,000 in default to serve 12 months imprisonment on each count of personating of personating a public officer. The sentences were to run consecutively.
3. In 2021, she the applicant filed an application for revision of sentence. The application was heard and determined by my sister Hon Lady Justice Mutende J on 4th October 2021, wherein the court dismissed her application. She filed a similar application in 2022, and her application was struck out vide a ruling dated 14th March 2022. The grounds were that the court was now functus officio and was not seized of jurisdiction to determine the matter.
4. To reiterate the sentiments of my learned sister Mutende J, this court cannot review an order of a court of concurrent jurisdiction as doing so would be tantamount to sitting as an appellate court on the judgment of Hon. Lady Justice Mutende. Otherwise, this court is bereft of jurisdiction to revise the sentence imposed.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 15TH DAY OF APRIL 2024______________D. KAVEDZAJUDGE