[2024] KEHC 13303 (KLR)
The High Court lacks jurisdiction to entertain a second application for review of sentence where a similar application has already been dismissed. The applicant's proper recourse is to file an appeal against the sentence or seek leave to appeal out of time. The application for review is therefore dismissed for want...
Source-derived case information.
- Citation
- [2024] KEHC 13303 (KLR)
- Parties
- Applicant: Rodgers Mwambela; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Petition E116 of 2023
- Procedural Posture
- Criminal Review Application / Ruling on Second Review Application
- Outcome
- application dismissed
- Judges
- AN Ongeri
- Legal Topics
- Sentence Review, Jurisdiction of High Court, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rodgers Mwambela
Applicant
Republic
Respondent
Procedural Posture
Criminal Review Application / Ruling on Second Review Application
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain a second application for review of sentence after a previous application was dismissed.
- 2 Whether the applicant has any other remedy available after dismissal of the first review application.
Ratio Decidendi
The High Court lacks jurisdiction to entertain a second application for review of sentence where a similar application has already been dismissed. The applicant's proper recourse is to file an appeal against the sentence or seek leave to appeal out of time. The application for review is therefore dismissed for want of jurisdiction.
Court Disposition
application dismissed
Orders
- The application for review is dismissed.
- Mention on 18th November, 2024 for the applicant to make the necessary application.
Full Case Text
Judgment text and source record
22 paragraphs
Mwambela v Republic (Petition E116 of 2023) [2024] KEHC 13303 (KLR) (4 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13303 (KLR)
Republic of Kenya
In the High Court at Voi
Petition E116 of 2023
AN Ongeri, J
November 4, 2024
Between
Rodgers Mwambela
Applicant
and
Republic
Respondent
Ruling
1. The Applicant filed a similar application dated 2nd September 2020 seeking review of the sentence meted by the trial court.
2. The application was dismissed on 11th February, 2021 by the High Court at Mombasa.
3. The court has no jurisdiction to handle a second review in the circumstances.
4. The Applicant can only appeal to the High Court against the sentence.
5. The Applicant can file an application for leave to appeal out of time.
6. The application for review is accordingly dismissed.
7. Mention on 18th November, 2024 for the Applicant to make the necessary application.
DATED, SIGNED AND DELIVERED THIS 4TH DAY OF NOVEMBER 2024 IN OPEN COURT AT VOI.LADY JUSTICE ASENATH ONGERIJUDGEIn the presence of:-Maina/Trizah – Court AssistantsMr. Sirima for the RespondentThe Applicant present in person