[2021] KEHC 6437 (KLR)
The High Court determined that it lacks jurisdiction to review its own judgment after it has already heard and determined an appeal on the same matter. Since the applicant's sentence was already reviewed and reduced by the High Court on appeal, the present application for further review is without merit. The court...
Source-derived case information.
- Citation
- [2021] KEHC 6437 (KLR)
- Parties
- Applicant: Obed Kinyua Nyaga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E001 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- LM Njuguna
- Legal Topics
- Defilement Offence, Sentencing Review, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Obed Kinyua Nyaga
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to review its own judgment after hearing and determining an appeal.
- 2 Whether the applicant is entitled to a further reduction of sentence as a first offender and for being remorseful.
Ratio Decidendi
The High Court determined that it lacks jurisdiction to review its own judgment after it has already heard and determined an appeal on the same matter. Since the applicant's sentence was already reviewed and reduced by the High Court on appeal, the present application for further review is without merit. The court emphasized that the principle of finality of judgments by courts of concurrent jurisdiction precludes it from entertaining the application for sentence review.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL REVISION NO. E001 OF 2021
OBED KINYUA NYAGA……………..............................PETITIONER
VERSUS
REPUBLIC.......................................................................RESPONDENT
RULING
1. The applicant herein was charged with the offence of defilement in Embu Sexual Offences Case No. 11 of 2015 and he was convicted and sentenced to serve life imprisonment.
2. Following the conviction and the sentence, he filed an appeal being Criminal Appeal No. 20 of 2018, and in a judgment delivered on the 1st day of September, 2020, the High Court at Embu set aside the life sentence and sentenced him to serve imprisonment of twenty-three (23) years and nine months, after the court took into consideration the one year and three months’ period spent in custody during the pendency of the trial. The court further ordered that the sentence to commence from the date of conviction which was on 27/02/2018.
3. The applicant has now moved the court by way of an application for review of the sentence on the grounds that he is lawfully entitled to the benefit of the law and qualified for a lenient sentence as a first offender and that he is remorseful. He has thus urged the court to review the sentence downwards.
4. The applicant filed submissions which reiterate his grounds in support of the application.
5. On her part, counsel for the applicant opposed the application for the reason that the court does not have jurisdiction to revise its own order taking into account the fact the High Court heard his appeal and reduced the life sentence that had been imposed on him by the trial court.
6. The court has considered the application and all the material before it. As already pointed out in this ruling, the applicant appealed against the judgment of` the trial court and the sentence was reduced. The appeal having been heard and determined by the High Court, which is a court of concurrent jurisdiction, this court does not have jurisdiction to review that judgment.
7. In the premises, the application herein is without merit and it is hereby dismissed.
Delivered, dated andsigned atEmbuthis9th day ofJune, 2021.
L. NJUGUNA
JUDGE
…………………………..………………………..for the Applicant
…………………………………………………..for the Respondent