[2020] KEHC 7740 (KLR)
The High Court lacks jurisdiction to review or revise its own judgment delivered on appeal by a judge of concurrent jurisdiction. Once an appeal has been determined by the High Court, the court becomes functus officio and cannot entertain an application for revision of the sentence arising from the same matter. The...
Source-derived case information.
- Citation
- [2020] KEHC 7740 (KLR)
- Parties
- Applicant: Peter Obare Amara; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 8 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Judgment
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sexual Offences Act, Sentence Revision, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Obare Amara
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Judgment
Legal Issues
- 1 Whether the High Court has jurisdiction to review its own judgment delivered on appeal by a judge of concurrent jurisdiction.
- 2 Whether the applicant is entitled to revision of sentence after dismissal of his appeal.
Ratio Decidendi
The High Court lacks jurisdiction to review or revise its own judgment delivered on appeal by a judge of concurrent jurisdiction. Once an appeal has been determined by the High Court, the court becomes functus officio and cannot entertain an application for revision of the sentence arising from the same matter. The applicant's remedy, if any, lies in an appeal to a higher court, not in seeking revision before the same level of court that has already pronounced itself on the matter.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
- The file is hereby closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. 8 OF 2020
(CORAM: R. E. ABURILI - J.)
PETER OBARE AMARA...........................................................APPLICANT
VERSUS
REPUBLIC...............................................................................RESPONDENT
(Being an Application for Revision of Sentence in High Court Criminal Appeal No. 115 of 2016 and originally from PM’s court, Siaya vide Criminal Case No. 320 of 2015)
JUDGMENT
1. The applicant was convicted for the offence of defilement of a child under section 8(3) of the Sexual Offences Act No. 3 of 2006 and sentenced to serve twenty years imprisonment vide Siaya vide Criminal Case No. 320 of 2015 he appealed to this court vide High Court Criminal Appeal No. 115 of 2016 and Hon. Makau J dismissed his appeal. He never challenged the judgment of this court which still stands. He now applies to this court for revision of his sentence. That being the case, this court has no jurisdiction to review its own judgment delivered on appeal by Hon. J.A. Makau as the Judge is of concurrent jurisdiction.
2. This Application is dismissed and this file is hereby closed.
3. Orders accordingly.
Dated, signed and delivered at Siaya, this 18th day of February, 2020
R.E. ABURILI
JUDGE
In the presence of:
Peter Obare Amara, Applicant
Mr. Okachi, Senior Principal Prosecution Counsel for Respondent
Court Assistants: Brenda Achieng and Modestar Mutiemani