[2019] KEHC 5905 (KLR)
The High Court held that it was functus officio in this matter, having already confirmed the decision of the Lower Court, and that the Court of Appeal had subsequently exercised its appellate jurisdiction by substituting the sentence. As such, the High Court lacked jurisdiction to review or alter the sentence...
Source-derived case information.
- Citation
- [2019] KEHC 5905 (KLR)
- Parties
- Applicant: Thomas Mutuku Wambua; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 20 of 2019
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Review After Appellate Decision
- Outcome
- application dismissed
- Judges
- LN Mutende
- Legal Topics
- Review of Sentence, Functus Officio, Appellate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Mutuku Wambua
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Review After Appellate Decision
Legal Issues
- 1 Whether the High Court has jurisdiction to review or alter a sentence that has already been considered and substituted by the Court of Appeal.
- 2 Whether the doctrine of functus officio applies to bar the High Court from reopening the case after appellate determination.
Ratio Decidendi
The High Court held that it was functus officio in this matter, having already confirmed the decision of the Lower Court, and that the Court of Appeal had subsequently exercised its appellate jurisdiction by substituting the sentence. As such, the High Court lacked jurisdiction to review or alter the sentence imposed by the Court of Appeal. The application for review was therefore dismissed on the basis that the High Court could not re-open or reconsider a matter that had already been conclusively determined by a superior appellate court.
Court Disposition
application dismissed
Orders
- The application for review is dismissed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL MISC. APPLICATION NO. 20 OF 2019
THOMAS MUTUKU WAMBUA...........................APPLICANT
VERSUS
REPUBLIC...........................................................RESPONDENT
R U L I N G
1. Thomas Mutuku Wambuawas arraigned in Court, tried, convicted for the offence of Causing Grievous Harmcontrary to Section 234of the Penal Codeand sentenced to life imprisonment.
2. Aggrieved, he appealed to the High Court which confirmed the decision of the Lower Court. On Appeal to the Court of Appeal it confirmed the conviction, set aside the sentence meted out and substituted it with fifteen (15) years imprisonment.
3. He has approached this Court by way of Chamber Summons seeking review of the order. The High Court in exercising its lawful duty confirmed the decision of the Lower Court, a decision that was interfered with by the Court of Appeal, exercising its Appellate jurisdiction. In the premises the High Court became functus officiotherefore I cannot re-open the case.
4. In the premises the Application is dismissed.
5. It is so ordered.
Dated, Signed and Delivered at Kitui this 19th day of June, 2019.
L. N. MUTENDE
JUDGE