[2024] KEHC 1824 (KLR)
The High Court determined that it lacked jurisdiction to entertain the applicant's request for sentence review because the applicant's appeal was already pending before the Court of Appeal. The court held that once it had dismissed the applicant's appeal, it became functus officio and could not revisit the matter....
Source-derived case information.
- Citation
- [2024] KEHC 1824 (KLR)
- Parties
- Applicant: Tobiko Sintei; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 52 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review Application After Conviction and Pending Appeal
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Defilement Offence, Sentence Review, Jurisdiction, Functus Officio, Court Hierarchy
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tobiko Sintei
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Application After Conviction and Pending Appeal
Legal Issues
- 1 Whether the High Court has jurisdiction to review the applicant's sentence while an appeal is pending before the Court of Appeal.
- 2 Whether the High Court is functus officio after dismissing the applicant's appeal.
- 3 Whether the application amounts to an abuse of court process.
Ratio Decidendi
The High Court determined that it lacked jurisdiction to entertain the applicant's request for sentence review because the applicant's appeal was already pending before the Court of Appeal. The court held that once it had dismissed the applicant's appeal, it became functus officio and could not revisit the matter. Entertaining the application would amount to disregarding the established hierarchy of courts and would constitute an abuse of the court process. Accordingly, the application was dismissed and the applicant was cautioned against filing similar applications without leave of court.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The applicant is directed not to file a similar application unless with the leave of court.
Full Case Text
Judgment text and source record
18 paragraphs
Sintei v Republic (Miscellaneous Criminal Application 52 of 2024) [2024] KEHC 1824 (KLR) (26 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1824 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application 52 of 2024
DR Kavedza, J
February 26, 2024
Between
Tobiko Sintei
Applicant
and
Republic
Respondent
Ruling
1. The applicant filed a notice of motion application seeking sentence review. The application is supported by an affidavit sworn by the applicant. The averments made in support of the application are that he was convicted and sentenced to life imprisonment for the offence of defilement contrary to section 8 (1) as read with 8 (2) of the Sexual Offences Act, No. 3 of 2006. His appeal before this court was dismissed. He filed an appeal before the Court of Appeal which is yet to be determined.
2. I have considered the application, the affidavit in support and the applicable law. From the record, I note that the matter is before the Court of Appeal. If this court ventures into handling the application on its merits would be tantamount to a disregard for the hierarchy of courts. This court has no jurisdiction to supervise a superior court. As noted above, this court has already discharged its duty and became functus officio. I do not understand why the applicant who is before the Court of Appeal has come back to this court unless he is intent on abusing the court process.
3. As a result, the application is dismissed. The applicant is directed not to file a similar application unless with the leave of court.File closed.
RULING DATED AND DELIVERED VIRTUALLY THIS 26TH DAY OF FEBRUARY 2024D. KAVEDZAJUDGE