https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10824
The High Court declined to entertain the application because the applicant’s sentence had already been revised by a judge of concurrent jurisdiction, and any further review would amount to sitting on appeal over that earlier decision; accordingly, the court lacked jurisdiction.
Source-derived case information.
- Citation
- [2026] KEHC 10824 (KLR)
- Parties
- Applicant: SAID EDWARD KAHINDI; Respondent: REPUBLIC
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E162 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Probation / Sentence Review
- Outcome
- Application dismissed for want of jurisdiction.
- Judges
- ["PK Rotich"]
- Legal Topics
- Defilement, Sentence Revision, Jurisdiction of Court of Concurrent Jurisdiction, Probation Under Section 4(2) of the Probation of Offenders Act, Want of Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SAID EDWARD KAHINDI
Applicant
REPUBLIC
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Probation / Sentence Review
Legal Issues
- 1 Whether the High Court had jurisdiction to further review a sentence already revised by a court of concurrent jurisdiction.
- 2 Whether the applicant was entitled to placement on probation under section 4(2) of the Probation of Offenders Act.
Ratio Decidendi
The High Court declined to entertain the application because the applicant’s sentence had already been revised by a judge of concurrent jurisdiction, and any further review would amount to sitting on appeal over that earlier decision; accordingly, the court lacked jurisdiction.
Court Disposition
Application dismissed for want of jurisdiction.
Orders
- The applicant’s application is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT MOMBASA** **MISC. CRIMINAL APPLICATION NO. E162 OF 2024** **SAID EDWARD KAHINDI…………………..APPLICANT** **=VERSUS=** **REPUBLIC…………………….......................RESPONDENT** **RULING** 1. The applicant was convicted for the offence of defilement on 9th July, 2019 by Hon. Rita Amwayi, (SRM) and sentenced to serve 20 years imprisonment. The sentence, however, reduced to 15 years by Hon. Lady Justice Onginjo in HCCR Appl. No. 12/2023. 2. In the present application the applicant claims that he has suffered stroke in custody and that his wife and 4 children are suffering, He seeks to be placed on probation under section 4(2) of Probation Offender Act. 3. As sentence of the accused had already been revised by Hon. Lady Justice Onginjo, this court has no jurisdiction to further review decision of a court of concurrent jurisdiction. Doing so would be tantamount to sitting on appeal against decision of my sister Hon. Onginjo. 4. The applicant’s application is, therefore, dismissed for want of jurisdiction **Dated, signed and delivered online via MS Teams this 17th day of June 2026.** **Hon. P. K. Rotich** **JUDGE** **In the presence of:** Cherop for DPP Applicant in person C/A Kipchirchir