[2025] KEHC 9467 (KLR)

[2025] KEHC 9467 (KLR)

The High Court lacks jurisdiction to entertain a review application challenging a sentence after it has already determined an appeal on the same matter. The proper procedure for an applicant aggrieved by the dismissal of a first appeal is to file a second appeal to the Court of Appeal as provided under Section 361 of the Criminal Procedure Code. Attempts to seek review of a sentence already upheld on appeal amount to an abuse of process and are not permitted. Furthermore, where a sentence of life imprisonment is imposed, the period spent in custody prior to sentencing cannot be deducted from the sentence. The application is therefore dismissed for want of jurisdiction, and the applicant...

Citation
[2025] KEHC 9467 (KLR)
Parties
Applicant: Muthama Wambua Ndunda; Respondent: Republic
Court
High Court
Court Station
High Court at Voi
Jurisdiction
Kenya
Judgment Date
2 July 2025
Case Number
Criminal Revision E050 of 2025
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence After Dismissal of First Appeal
Outcome
application dismissed for lack of jurisdiction
Judges
AN Ongeri
Legal Topics
Sexual Offences Act, Jurisdiction of High Court, Criminal Appeals Process, Review of Sentence
Source Language
English
Criminal Law Sexual Offences Act Jurisdiction of High Court Criminal Appeals Process Review of Sentence

Case Brief

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Parties

Muthama Wambua Ndunda

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Application for Review of Sentence After Dismissal of First Appeal

Legal Issues

  1. 1 Whether the High Court has jurisdiction to review a sentence after dismissing an appeal from a conviction for rape.
  2. 2 Whether the period spent in custody should be considered in sentencing where the sentence is life imprisonment.

Ratio Decidendi

The High Court lacks jurisdiction to entertain a review application challenging a sentence after it has already determined an appeal on the same matter. The proper procedure for an applicant aggrieved by the dismissal of a first appeal is to file a second appeal to the Court of Appeal as provided under Section 361 of the Criminal Procedure Code. Attempts to seek review of a sentence already upheld on appeal amount to an abuse of process and are not permitted. Furthermore, where a sentence of life imprisonment is imposed, the period spent in custody prior to sentencing cannot be deducted from the sentence. The application is therefore dismissed for want of jurisdiction, and the applicant...

Court Disposition

application dismissed for lack of jurisdiction

Orders

  • The application for review of sentence is dismissed for lack of jurisdiction.
  • The applicant is at liberty to pursue remedies before the Court of Appeal.