[2025] KEHC 5494 (KLR)
The High Court at Kibera lacks territorial jurisdiction to review or revise a sentence imposed by the Magistrate's Court sitting in Kisumu. Supervisory and revisionary powers over subordinate courts are exercised by the High Court within whose territorial jurisdiction the subordinate court is situated. Since the...
Source-derived case information.
- Citation
- [2025] KEHC 5494 (KLR)
- Parties
- Applicant: Leonard Chege Njagu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E002 of 2025
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application struck out for lack of territorial jurisdiction.
- Judges
- DR Kavedza
- Legal Topics
- Territorial Jurisdiction, Supervisory Jurisdiction
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leonard Chege Njagu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court at Kibera has territorial jurisdiction to review the sentence imposed by the Magistrate's Court sitting in Kisumu.
Ratio Decidendi
The High Court at Kibera lacks territorial jurisdiction to review or revise a sentence imposed by the Magistrate's Court sitting in Kisumu. Supervisory and revisionary powers over subordinate courts are exercised by the High Court within whose territorial jurisdiction the subordinate court is situated. Since the conviction and sentence were by the Magistrate's Court in Kisumu, only the Kisumu High Court has the requisite jurisdiction to entertain the application for revision. The application before the High Court at Kibera is therefore incompetent and must be struck out for want of jurisdiction.
Court Disposition
Application struck out for lack of territorial jurisdiction.
Orders
- The application is struck out for want of territorial jurisdiction.
- No orders as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
Njagu v Republic (Criminal Revision E002 of 2025) [2025] KEHC 5494 (KLR) (5 May 2025) (Ruling)
Neutral citation: [2025] KEHC 5494 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision E002 of 2025
DR Kavedza, J
May 5, 2025
Between
Leonard Chege Njagu
Applicant
and
Republic
Respondent
Ruling
1. The applicant filed the present petition dated 28th March 2025. In the main, the applicant sought the review of the sentence imposed by the trial court.
2. Having considered the application, the supporting affidavit, and the applicable law, it is noted that the applicant was charged and convicted before the Magistrate’s Court sitting in Kisumu.
3. The court vested with supervisory jurisdiction over this subject matter is Kisumu High Court. Consequently, I decline to grant the orders sought for lack of territorial jurisdiction.The application is consequently struck out.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 5THDAY OF MAY 2025________________D. KAVEDZAJUDGE