[2024] KEHC 11998 (KLR)

[2024] KEHC 11998 (KLR)

The High Court held that since the applicant has already filed an appeal in the Court of Appeal, it is only proper that he moves the Court of Appeal for any application regarding review of sentence. The High Court is functus officio and cannot entertain the application for review once the appellate process has...

Source-derived case information.

Citation
[2024] KEHC 11998 (KLR)
Parties
Applicant: Stanley Charito Siwatum; Respondent: State
Court
High Court
Court Station
High Court at Kapenguria
Jurisdiction
Kenya
Case Number
Criminal Miscellaneous Application E017 of 2024
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Review of Sentence
Outcome
application dismissed
Judges
RPV Wendoh
Legal Topics
Sentence Review, Murder Offence, Appellate Jurisdiction
Source Language
en
Criminal Law Sentence Review Murder Offence Appellate Jurisdiction

Source-derived case record

Summary, issues, holding and outcome

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Parties

Stanley Charito Siwatum

Applicant

State

Respondent

Procedural Posture

Criminal Miscellaneous Application / Ruling on Application for Review of Sentence

Legal Issues

  1. 1 Whether the High Court has jurisdiction to review a sentence where an appeal is pending before the Court of Appeal.

Ratio Decidendi

The High Court held that since the applicant has already filed an appeal in the Court of Appeal, it is only proper that he moves the Court of Appeal for any application regarding review of sentence. The High Court is functus officio and cannot entertain the application for review once the appellate process has commenced. Accordingly, the application for review of sentence is dismissed.

Court Disposition

application dismissed

Orders

  • Application dated 30/7/2024 is hereby dismissed.
  • File closed.