[2024] KEHC 9031 (KLR)
The court held that it lacked jurisdiction to review or alter a life imprisonment sentence that had already been confirmed on appeal by both the High Court and the Court of Appeal. The revisionary powers under sections 362 and 364 of the Criminal Procedure Code are confined to correcting errors or mistakes by...
Source-derived case information.
- Citation
- [2024] KEHC 9031 (KLR)
- Parties
- Applicant: Daniel Kaguta Ngove; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E014 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- GMA Dulu
- Legal Topics
- Sentence Review, Revision Jurisdiction, Mandatory Sentences, Life Imprisonment, Criminal Procedure, Appellate Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Kaguta Ngove
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to review a life imprisonment sentence already upheld on appeal.
- 2 Whether the applicant can seek conversion of a life sentence to probation through criminal revision proceedings.
Ratio Decidendi
The court held that it lacked jurisdiction to review or alter a life imprisonment sentence that had already been confirmed on appeal by both the High Court and the Court of Appeal. The revisionary powers under sections 362 and 364 of the Criminal Procedure Code are confined to correcting errors or mistakes by subordinate courts and do not extend to reviewing sentences already determined on appeal. The applicant's request to convert his life sentence to probation could not be entertained through criminal revision and would only be properly addressed through an appeal to the Supreme Court or a constitutional petition. Consequently, the application was found to be unmerited and was dismissed.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
24 paragraphs
Ngove v Republic (Criminal Revision E014 of 2024) [2024] KEHC 9031 (KLR) (12 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9031 (KLR)
Republic of Kenya
In the High Court at Voi
Criminal Revision E014 of 2024
GMA Dulu, J
July 12, 2024
Between
Daniel Kaguta Ngove
Applicant
and
Republic
Respondent
Ruling
1. The applicant initially filed a Petition No. 7 of 2020, which very brief prayers, for review of sentence, which was later marked as withdrawn, by Chepkwony J. on 20th September 2021.
2. Thereafter, he filed the present Notice of Motion seeking orders that this court make appropriate orders in respect of his missing file, in order to seek review of his mandatory death sentence.
3. He also filed a written request, for the death sentence imposed on him in Criminal Case No. 73 of 1998 on 4th December 1998 and upheld in the High Court Criminal Appeal No. 427 of 1998 at Mombasa, and further upheld by the Court of Appeal in Criminal Appeal No. 151 of 2002 at Mombasa, to be reviewed and converted to probation sentence, as he had already served twenty four (24) years in jail, after his death sentence was commuted to indefinite life imprisonment.
4. The application was canvassed through written submissions. I note that in his submissions, the learned Prosecuting Counsel Mr. Sirima has asked that the application be struck out for lack of jurisdiction, and suggested that if the applicant wants the redress he seeks, then he should pursue the matter through a constitutional petition, not through a revision application.
5. Having myself considered the application and the submissions filed, I am of the view that the applicant is not contesting the constitutionality of the sentence imposed on him, but is merely asking this court to exercise its discretionary revision powers to review the life prison sentence imposed on him.
6. This courts jurisdiction in revision in criminal cases is anchored under section 362 and 364 of the Criminal Procedure Code (Cap.75). That jurisdiction is limited to making revision orders to correct errors on the face of the record of this court, and also to correct mistakes of law or procedure, adopted by the Magistrate’s court, not otherwise.
7. In my view, the sentence of the applicant herein having been determined on appeal by this court as well as the Court of Appeal, cannot be brought again to this same court to exercise its review jurisdiction, to change the life prison sentence to probation.
8. The fact that the life prison sentence is indefinite cannot also be dealt with by this court, through review proceedings, but can only be considered through an appeal to the Supreme Court, or through a proper constitutional petition.
9. As for this application, it is unmerited. I dismiss the application.
DATED, SIGNED AND DELIVERED THIS 12TH DAY OF JULY 2024 IN OPEN COURT AT VOI VIRTUALLY.GEORGE DULU........................................JUDGEI certify that this is a true copy of the originalSignedDEPUTY REGISTRARIn the presence of:-Alfred – Court AssistantApplicantMr. Sirima for State