[2023] KEHC 25204 (KLR)
The High Court lacks jurisdiction to review or revise its own decision or that of a judge of concurrent jurisdiction once an appeal has been determined. The applicant's appeal against conviction and sentence was dismissed by the High Court after the relevant constitutional decisions on mandatory minimum sentences...
Source-derived case information.
- Citation
- [2023] KEHC 25204 (KLR)
- Parties
- Applicant: Alfred Waganda Wanga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E032 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- DO Ogembo
- Legal Topics
- Sentence Review, Mandatory Minimum Sentences, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfred Waganda Wanga
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to review or revise a decision or order of a judge of concurrent jurisdiction after dismissal of an appeal.
- 2 Whether the applicant can seek review of sentence on the basis of alleged unconstitutionality of mandatory minimum sentences after his appeal was dismissed.
Ratio Decidendi
The High Court lacks jurisdiction to review or revise its own decision or that of a judge of concurrent jurisdiction once an appeal has been determined. The applicant's appeal against conviction and sentence was dismissed by the High Court after the relevant constitutional decisions on mandatory minimum sentences had already been delivered and considered. Therefore, the application for review is without merit, as granting it would amount to the court sitting on its own appeal, which is unconstitutional and not supported by any written law.
Court Disposition
application dismissed
Orders
- The application is dismissed in its entirety.
Full Case Text
Judgment text and source record
22 paragraphs
Wanga v Republic (Miscellaneous Criminal Application E032 of 2023) [2023] KEHC 25204 (KLR) (9 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25204 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E032 of 2023
DO Ogembo, J
November 9, 2023
Between
Alfred Waganda Wanga
Applicant
and
Republic
Respondent
Ruling
1. The applicant, Alfred Waganda Wanga has filed an Application before this court on 21/3/2023. The application is brought under various constitutional provisions. The same seeks that this court reviews the sentence of the applicant on the basis that mandatory minimum sentences are unconstitutional (Machakos Petition No. E017/2021).
2. In the Affidavit in support of this application, the applicant has deponed that he was sentenced to serve 20 years imprisonment in Bondo PM’S court on 17/2/2022. That his appeal to the High Court (HCCR. Appeal No. E007 of 2022, Siaya) was dismissed on 20-11-2022. In this application, the applicant has gone ahead to raise mitigating factors for consideration. The prosecution opposes this application on the basis of jurisdiction.
3. I have considered this application. I have also considered the submissions that the parties have made to the same. In my view, the sole and important issue that this application presents is whether this court is the right forum for the applicant to ventilate his case at this point in time. It is clear that the appeal of the applicant both on conviction and sentence was dismissed by the High Court (Aburil J) way back on 20/11/2022.
4. This was well after the Machakos Petition No. E017/2021 and Supreme Court decision in the Muruatetucase (Petitions No. 15 and 16 of 2017) had been passed. The Honourable Judge obviously considered these decisions in deciding on the applicant’s appeal.
5. So, does this court possess any jurisdiction or power to reconsider or revise any decision or order of a Judge of concurrent jurisdiction? I think not. Neither the Constitution nor any written law confers on this court any such jurisdiction. Same would be tantamount to this court sitting on its own appeal. This court repugnant and awkward just as much as it would be unconstitutional and illegal.
6. It is for this reason that this court declines the invitation made to it by the applicant by way of this application. I accordingly find this application lacking in any merit. I dismiss it wholly.
7. It is so ordered.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 9TH DAY OF NOVEMBER, 2023. D.O. OGEMBOJUDGE9. 11. 2023Court:Ruling read out in Open court in the presence of the applicant (from Kisumu Maximum Prison) and Mr. Kubebea for State.D.O. OGEMBOJUDGE9. 11. 2023