[2022] KEHC 18095 (KLR)
The High Court lacks jurisdiction to review or alter a sentence imposed by another judge of the High Court, as it would amount to sitting on appeal over a court of equal jurisdiction. The applicant's remedy, if dissatisfied with the sentence, lies in appealing to the Court of Appeal. The application for review of...
Source-derived case information.
- Citation
- [2022] KEHC 18095 (KLR)
- Parties
- Applicant: Esnas Nafula Wafula; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Revision Case E253 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Review of Sentence
- Outcome
- application dismissed for want of jurisdiction
- Judges
- REA Ougo
- Legal Topics
- Revision Jurisdiction, Sentencing Review, High Court Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esnas Nafula Wafula
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Legal Issues
- 1 Does the High Court have jurisdiction to review a sentence imposed by a judge of equal jurisdiction?
- 2 Is the applicant entitled to a non-custodial sentence based on her personal circumstances?
Ratio Decidendi
The High Court lacks jurisdiction to review or alter a sentence imposed by another judge of the High Court, as it would amount to sitting on appeal over a court of equal jurisdiction. The applicant's remedy, if dissatisfied with the sentence, lies in appealing to the Court of Appeal. The application for review of sentence is therefore dismissed for want of jurisdiction.
Court Disposition
application dismissed for want of jurisdiction
Orders
- The application for review of sentence is dismissed.
- File is closed.
Full Case Text
Judgment text and source record
18 paragraphs
Nafula v Republic (Revision Case E253 of 2022) [2022] KEHC 18095 (KLR) (14 December 2022) (Ruling)
Neutral citation: [2022] KEHC 18095 (KLR)
Republic of Kenya
In the High Court at Bungoma
Revision Case E253 of 2022
REA Ougo, J
December 14, 2022
Between
Esnas Nafula
Applicant
and
Republic
Respondent
Ruling
1. Before me is an application by Esnas Nafula Wafula the applicant. She seeks a review of the sentence. The applicant as per the application was convicted on the October 31, 2018 and sentenced to 15 years imprisonment for the offence of manslaughter under Section 202 as read with Section 203 of the Penal Code. She states that she is young and that whilst in prison she has maintained a high standard of discipline, that the court should consider her background and family ties as she has been separated from her family. She seeks to be given a non custodial sentence.
2. The application was opposed by the Respondent. M/s Omondi argued that the applicant was convicted on her own plea of guilty and jailed for 15 years. That this court being a court of equal jurisdiction cannot sit on an appeal on the issue of sentence. That the court took into account the period she was jailed and noted that she has to face the wrath of the law for the offence she committed. That the sentence was commensurate with the crime and that the application should be dismissed.
3. The Respondent has raised the issue of my jurisdiction. It is a High Court judge who convicted and sentenced the applicant. This court is a court of equal jurisdiction. To review the sentence imposed would be sitting on appeal on judgement of a court of equal jurisdiction. I therefore lack the jurisdiction to review the sentence. The applicant has a right to move to the Court of Appeal if dissatisfied with the High Court. I therefore dismiss the application filed on the November 3, 2022. File is closed.
DATED, SIGNED, AND DELIVERED AT BUNGOMA THIS 14TH DAY OF DECEMBER, 2022R.E. OUGOJUDGEIn the presence of:Ms Omondi – State CounselMs Wilkister – Court Assistant.Esnus Nafula alias Sarah – Appellant: present online.