[2024] KEHC 9035 (KLR)
The High Court lacks jurisdiction to review a sentence it has already substantively determined. Since the applicant's sentence was previously reviewed from life imprisonment to 30 years by the High Court in Mombasa High Court Petition No. 146 of 2019, this court cannot exercise its review powers again under Section...
Source-derived case information.
- Citation
- [2024] KEHC 9035 (KLR)
- Parties
- Applicant: Morris Mutie Thomas; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E001 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Review of Sentence
- Outcome
- application for review of sentence declined for want of jurisdiction
- Judges
- GMA Dulu
- Legal Topics
- Sentence Review, Jurisdiction of High Court, Sexual Offences, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Morris Mutie Thomas
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Review of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to review a sentence it has already substantively determined.
- 2 Whether the applicant is entitled to a further review of his 30-year sentence after initial review from life imprisonment.
Ratio Decidendi
The High Court lacks jurisdiction to review a sentence it has already substantively determined. Since the applicant's sentence was previously reviewed from life imprisonment to 30 years by the High Court in Mombasa High Court Petition No. 146 of 2019, this court cannot exercise its review powers again under Section 364 of the Criminal Procedure Code. The applicant's remedy, if dissatisfied, lies in appealing to the Court of Appeal, not in seeking a further review before the same court.
Court Disposition
application for review of sentence declined for want of jurisdiction
Orders
- The request for review of sentence is declined.
Full Case Text
Judgment text and source record
22 paragraphs
Thomas v Republic (Miscellaneous Application E001 of 2024) [2024] KEHC 9035 (KLR) (8 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9035 (KLR)
Republic of Kenya
In the High Court at Voi
Miscellaneous Application E001 of 2024
GMA Dulu, J
July 8, 2024
Between
Morris Mutie Thomas
Applicant
and
Republic
Respondent
Ruling
1. This is a request for review of sentence filed by the applicant on 22nd December 2023 in Mombasa, which was sent to this court. The matter was originally a case for defilement in Taveta Principal Magistrate’s Criminal Case No. 106 of 2013, wherein the applicant was sentenced to imprisonment for life. The sentence was later reviewed to 30 years imprisonment.
2. The applicant wants his 30 years prison sentence reviewed, and relies on Article 157 of the Constitution, as well as Section 364(1)(b) of the Criminal Procedure Code (Cap.75), and the Kenya Sentencing Policy Guidelines paragraph 4. 1.
3. The request for review of sentence was canvassed through written submissions, in which the applicant has urged for reviewed sentence on the ground that he is a first offender, while the Director of Public Prosecutions opposes the request for review, on the ground that the applicant’s life imprisonment sentence was reviewed by the High Court to 30 years imprisonment, and thus this court has no jurisdiction to re-consider the matter.
4. Indeed, the applicant admits in his pleadings herein that he was initially sentenced to life imprisonment at Taveta for a sexual offence, which was later reviewed to 30 years imprisonment by the High Court by Ogola J in Mombasa High Court Petition No. 146 of 2019.
5. That being so, this court has no powers or jurisdiction to revisit the sentence under its review jurisdiction in Section 364 of the Criminal Procedure Code (Cap.75), as this same court has already made a substantive decision on the sentence.
6. If the applicant is dissatisfied with this court’s decision on the reviewed prison sentence of 30 years, let him approach the Court of Appeal.
7. I thus find that this court has no jurisdiction to exercise its review powers as requested herein. The request is accordingly declined.
DATED, SIGNED AND DELIVERED THIS 8TH DAY OF JULY 2024 IN OPEN COURT AT VOI.GEORGE DULUJUDGEIn the presence of:-Alfred/Trizah – Court AssistantsApplicant – virtualMr. Sirima for StatePage 2 of 2