[2021] KEHC 6228 (KLR)
The High Court lacks jurisdiction to further revise or reduce a sentence that has already been reviewed and reduced by a judge of concurrent jurisdiction. The supervisory powers of the High Court under Article 165 of the Constitution and the Criminal Procedure Code are limited to subordinate courts and do not extend...
Source-derived case information.
- Citation
- [2021] KEHC 6228 (KLR)
- Parties
- Respondent: Republic; Applicant: Paul Otieno Ndejwe
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 105 of 2014
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Reduction
- Outcome
- application dismissed as abuse of process
- Judges
- RPV Wendoh
- Legal Topics
- Murder Sentencing, Sentence Revision, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Paul Otieno Ndejwe
Applicant
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Reduction
Legal Issues
- 1 Whether the High Court has jurisdiction to further reduce a sentence it previously imposed after a prior revision.
- 2 Whether the applicant can seek revision of a sentence from a court of concurrent jurisdiction.
- 3 Whether the application amounts to an abuse of court process.
Ratio Decidendi
The High Court lacks jurisdiction to further revise or reduce a sentence that has already been reviewed and reduced by a judge of concurrent jurisdiction. The supervisory powers of the High Court under Article 165 of the Constitution and the Criminal Procedure Code are limited to subordinate courts and do not extend to reviewing decisions of another High Court judge. The applicant's attempt to seek a further reduction of sentence from the same level of court constitutes an abuse of the court process. The only lawful avenue for challenging the sentence is by appealing to the Court of Appeal.
Court Disposition
application dismissed as abuse of process
Orders
- The application for reduction of sentence is dismissed.
- The applicant is advised that his recourse lies with the Court of Appeal.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL CASE NO. 105 OF 2014
REPUBLIC......................................................................PROSECUTOR
Versus
PAUL OTIENO NDEJWE......................................................ACCUSED
RULING
Paul Otieno Ndejwe was convicted of the offence of Murder and sentenced to death by J. Majanja. Later the applicant petitioned the same court in Petition Number 2 of 2018 seeking the setting aside of the death sentence. J. Mrima heard the petition and reduced the sentence from death to forty (40) years imprisonment. The applicant is again before this court seeking leniency and a reduction of the sentence. He purported to move this court under Articles 22, 50(1) (50) (2) 165 (6) (7) 23 (1) (3) of the Constitution. The application is described as a revision.
This court has concurrent jurisdiction with J Mrima who heard the Petition 2 of 2018 and reduced the sentence to forty (40) years imprisonment. There is no provision in law for the applicant to come back before the same court seeking a reduction of the sentence.
Besides, the applicant cannot be seeking revision of the sentence because this court cannot supervise a court of concurrent jurisdiction. Supervisory jurisdiction of the High Court under Article 165 of the Constitution, Section 362 and Section 364 of the Criminal Procedure Code will only apply to the subordinate courts and tribunals but not a court of concurrent jurisdiction. If the applicant is aggrieved by the sentence meted by J Mrima, his only recourse is to the Court of Appeal . The accused coming back to this court for reduction of sentence amounts to an abuse of the court process and it must be stopped.
DELIVERED, DATED AND SIGNED AT MIGORI THIS 16TH DAY OF JUNE, 2021.
R. WENDOH
JUDGE