https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10611
The court held that it had no jurisdiction to review a sentence rendered by a court of concurrent jurisdiction, as doing so would amount to sitting on appeal over the judgment of another High Court judge. On that basis, the application was dismissed.
Source-derived case information.
- Citation
- [2026] KEHC 10611 (KLR)
- Parties
- Applicant: Shukran Hassan; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E107 of 2025
- Procedural Posture
- Miscellaneous Criminal Application / After Conviction and Sentencing; Application to Review Sentence
- Outcome
- Application dismissed for want of jurisdiction.
- Judges
- ["PK Rotich"]
- Legal Topics
- Murder Conviction, Sentence Review, Jurisdiction of a Court of Concurrent Jurisdiction, Want of Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Shukran Hassan
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / After Conviction and Sentencing; Application to Review Sentence
Legal Issues
- 1 Whether the High Court at Mombasa had jurisdiction to review a sentence imposed by a judge of concurrent jurisdiction.
- 2 Whether the applicant's circumstances justified interference with the 30-year sentence.
Ratio Decidendi
The court held that it had no jurisdiction to review a sentence rendered by a court of concurrent jurisdiction, as doing so would amount to sitting on appeal over the judgment of another High Court judge. On that basis, the application was dismissed.
Court Disposition
Application dismissed for want of jurisdiction.
Orders
- The 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. E107 OF 2025** **SHUKRAN HASSAN……………………………..APPLICANT** **=VERSUS=** **REPUBLIC…………..………….......................RESPONDENT** **RULING** 1. The Applicant was convicted for the offence of murder by Hon. Justice Andayi W. F. on 17th December 2024. Subsequently, the Learned Judge sentenced the Applicant to serve 30 years imprisonment on 25th February, 2025. 2. In this application the Applicant avers that he was arrested for the offence herein on 19/3/2020 and that his trial ended on 3/4/2025, a period of 5 years later. 3. The Applicant also avers that his sentence of 30 years is tantamount to life imprisonment. In this regard, the Applicant pointed out that at the time his sentence was pronounced he was aged 36 years. 4. This court, however, has no jurisdiction to review a sentence rendered by a court of concurrent jurisdiction. Doing so would be akin to this sitting on Appeal on the Judgment of my brother Justice Andayi W. F. 5. This Application is, therefore, dismissed for want of jurisdiction. **Dated, signed and delivered at online via MS Teams this 23rd day of June 2026.** **Hon. P. K. Rotich** **JUDGE** In the presence Mr. Sirima for DPP Applicant in person CA - Kipchirchir