[2024] KEHC 15302 (KLR)
The High Court lacks jurisdiction to entertain an application for revision of sentence under section 333(2) of the Criminal Procedure Code when the applicant has already filed an appeal to the Court of Appeal. Once an appeal is lodged, the matter is properly before the appellate court, and the High Court, being a...
Source-derived case information.
- Citation
- [2024] KEHC 15302 (KLR)
- Parties
- Applicant: Gibson Langat Stephen alias Kortin; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E019 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RPV Wendoh
- Legal Topics
- Sentence Revision, Remand Period Credit, Jurisdiction of High Court, Appeal Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gibson Langat Stephen alias Kortin
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to revise the applicant's sentence under section 333(2) of the Criminal Procedure Code when an appeal is pending before the Court of Appeal.
- 2 Whether the period spent in remand prior to conviction should be factored into the applicant's sentence.
Ratio Decidendi
The High Court lacks jurisdiction to entertain an application for revision of sentence under section 333(2) of the Criminal Procedure Code when the applicant has already filed an appeal to the Court of Appeal. Once an appeal is lodged, the matter is properly before the appellate court, and the High Court, being a court of concurrent jurisdiction, cannot review or revise its own decision. The applicant's recourse lies with the Court of Appeal, where his appeal against conviction and sentence is pending. Accordingly, the application for revision is not merited and must be dismissed.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Stephen v /Republic (Miscellaneous Criminal Application E019 of 2024) [2024] KEHC 15302 (KLR) (13 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15302 (KLR)
Republic of Kenya
In the High Court at Kapenguria
Miscellaneous Criminal Application E019 of 2024
RPV Wendoh, J
November 13, 2024
Between
Gibson Langat Stephen alias Kortin
Applicant
and
State /Republic
Respondent
Ruling
1. By an application dated 24/7/2024 the applicant Gibson Langat Stephen alias KORTIN seeks orders of revision of his sentence under section 333 (2) of the CPC, to factor in the sentence, the period he was in remand before conviction/sentence.
2. Mr. Majale, the Prosecution Counsel, opposed the application on account of this court’s lack of jurisdiction. He urged that the court record shows that the applicant was before this court on an appeal and he has lodged an appeal with Court of Appeal.
3. In his Notice of Motion, the applicant admits that he was convicted for the Offence of Murder and was sentenced to suffer death. Later the sentence was commuted to life-imprisonment and that he has appealed against the Judgment in the Court of Appeal but requests court to exercise its discretion.
4. The file in which the appellant was convicted is before the Court of Appeal. The Applicant was convicted for Murder by the High Court. He cannot come back before a court of concurrent jurisdiction to seek review of his sentence. Since he is aggrieved by the conviction and sentence, he has sought an appeal before Court of Appeal which is the proper course for him to take.The application is not merited and is hereby dismissed.File closed.
DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 13TH DAY OF NOVEMBER, 2024R. WENDOH.JUDGERuling delivered in the presence ofMr. Majale for state -presentApplicant – presentCourt Assistants – Juma /Hellen