[2024] KEHC 2438 (KLR)
The court held that since Justice Muriithi, a judge of concurrent jurisdiction, had already determined the commencement date of the applicant's sentence, this court could not interfere with that decision. The applicant's remedy, if aggrieved, lies in seeking review or revision before the Court of Appeal. The...
Source-derived case information.
- Citation
- [2024] KEHC 2438 (KLR)
- Parties
- Applicant: SKC; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E002 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- RB Ngetich
- Legal Topics
- Sexual Offences, Incest, Defilement, Sentencing, Criminal Revision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SKC
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court should interfere with the sentence commencement date set by a judge of concurrent jurisdiction.
- 2 Whether the applicant is entitled to a revision of the sentence imposed for the offence of incest and defilement.
Ratio Decidendi
The court held that since Justice Muriithi, a judge of concurrent jurisdiction, had already determined the commencement date of the applicant's sentence, this court could not interfere with that decision. The applicant's remedy, if aggrieved, lies in seeking review or revision before the Court of Appeal. The principle of non-interference among courts of concurrent jurisdiction was emphasized, and the application for revision was declined.
Court Disposition
application dismissed
Orders
- The application for revision is declined.
- The applicant may seek review or revision before the Court of Appeal if aggrieved.
Full Case Text
Judgment text and source record
19 paragraphs
SKC v Republic (Criminal Revision E002 of 2024) [2024] KEHC 2438 (KLR) (11 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2438 (KLR)
Republic of Kenya
In the High Court at Kabarnet
Criminal Revision E002 of 2024
RB Ngetich, J
March 11, 2024
Between
SKC
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the offence of incest contrary to section 20(1) of the Sexual Offences Act. The particulars of the charge were that on the 15th day of September, 2013 at Baringo North Sub-County within Baringo County, being a male person did intentionally and unlawfully caused his penis to penetrate the vagina of JC a child aged 7 years who to his knowledge is his daughter.
2. The Alternative charge was the offence of committing an indecent act with a child contrary to section 11(1) of the Sexual Offences Act. The particulars of the charge were that on the 15th day of September, 2013 at in Baringo North Sub-County within Baringo County, being a male person did intentionally and unlawfully committed an indecent act which caused his penis to come into contact with the buttocks of JC a child aged 7 years.
3. The applicant was sentenced to life imprisonment for the offence of defilement of a girl aged 7 years. He filed an appeal to the High Court and by delivered Judgment on 30/10/2019 by Justice Muriithi dismissed the appeal on conviction and sentenced the applicant to 20 years imprisonment. I note from the Judgement that Justice Muriithi ordered that the sentence was to commence from 19/11/2023 the date the trial court sentenced the applicant in PMC Cr. 758/2013.
4. In view of the fact that Justice Muriithi ordered specific date the sentence was to start and this court being a court with concurrent jurisdiction, I will not interfere with his decision. The applicant may file application for review/revision before the court of appeal if aggrieved by the High Court decision.
RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KABARNET THIS 11TH DAY OF MARCH 2024. RACHEL NGETICHJUDGEIn the presence of:-Applicant present.Ms Ratemo for State.Kibet, Court Assistant.