[2024] KEHC 15418 (KLR)
The High Court at Kibera lacks territorial jurisdiction to entertain an application for revision of a sentence imposed by the Magistrate's Court at Makadara. The supervisory jurisdiction over such matters is vested in the Milimani High Court. As a result, the application for review is incompetent before this court...
Source-derived case information.
- Citation
- [2024] KEHC 15418 (KLR)
- Parties
- Applicant: Gidi Onyango Odemba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E190 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Review
- Outcome
- application struck out for lack of territorial jurisdiction
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Territorial Jurisdiction, Supervisory Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gidi Onyango Odemba
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the High Court at Kibera has territorial jurisdiction to review the sentence imposed by the Magistrate's Court at Makadara.
Ratio Decidendi
The High Court at Kibera lacks territorial jurisdiction to entertain an application for revision of a sentence imposed by the Magistrate's Court at Makadara. The supervisory jurisdiction over such matters is vested in the Milimani High Court. As a result, the application for review is incompetent before this court 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.
Full Case Text
Judgment text and source record
19 paragraphs
Odemba v Republic (Miscellaneous Criminal Application E190 of 2024) [2024] KEHC 15418 (KLR) (6 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15418 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E190 of 2024
DR Kavedza, J
December 6, 2024
Between
Gidi Onyango Odemba
Applicant
and
Republic
Respondent
Ruling
1. The applicant filed the present application dated 15th November 2024. 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 at Makadara.
3. The court vested with supervisory jurisdiction over this subject matter is Milimani High Court. Consequently, I decline to grant the orders of revision sought for lack of territorial jurisdiction.
4. The application is consequently struck out.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 6THDECEMBER 2024. D. KAVEDZAJUDGE