[2024] KEHC 4362 (KLR)
The court held that it lacked jurisdiction to revise or review a sentence imposed by a judge of concurrent jurisdiction. The sentence of 25 years was imposed by Lady Justice Sitati, a judge of the High Court, and the revisionary powers under Article 165 of the Constitution and sections 362 to 367 of the Criminal...
Source-derived case information.
- Citation
- [2024] KEHC 4362 (KLR)
- Parties
- Appellant: David Waliano Waningo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 04 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- petition struck out for want of jurisdiction
- Judges
- SC Chirchir
- Legal Topics
- Robbery With Violence, Sentencing Review, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Waliano Waningo
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the High Court has jurisdiction to revise a sentence imposed by a judge of concurrent jurisdiction.
- 2 Whether the applicant is entitled to a further reduction of sentence after mitigation and resentencing.
Ratio Decidendi
The court held that it lacked jurisdiction to revise or review a sentence imposed by a judge of concurrent jurisdiction. The sentence of 25 years was imposed by Lady Justice Sitati, a judge of the High Court, and the revisionary powers under Article 165 of the Constitution and sections 362 to 367 of the Criminal Procedure Code only extend to decisions of subordinate courts. As such, the application for sentence review was found to be misconceived and incompetent, leading to its dismissal.
Court Disposition
petition struck out for want of jurisdiction
Orders
- The petition is hereby struck off.
Full Case Text
Judgment text and source record
25 paragraphs
Waningo v Republic (Criminal Revision 04 of 2020) [2024] KEHC 4362 (KLR) (25 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4362 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Revision 04 of 2020
SC Chirchir, J
April 25, 2024
IN THE MATTER OF ARTICLES 23(1), 27(1) 50 2(4) AND 165 OF THE CONSTITUTION OF KENYA 2010
AND
IN THE MATTER OF SECTION 354 AND 364 CPC CAP 75 LAWS OF KENYA
Between
David Waliano Waningo
Appellant
and
Republic
Respondent
Ruling
1. The petitioner herein was charged and convicted with the offence of robbery with violence before the chief magistrate court in Mumias and sentenced to death in criminal case No 417 of 2015.
2. He appealed to this court( Majanja J), and the judge upheld the conviction and quashed the death sentence basing his decision on the supreme court decision in Francis Muruatetu & another v Republic (2017) eKLR. He the invited him to make his mitigation
3. On 16th April 2018, Lady Justice Sitati heard his mitigation and sentenced him to 25 years with effect from 14/6/2016.
4. Through a Notice of Motion and “Application for mitigation and Sentence review”, the petitioner seeks for a further reduction of this sentence.
5. The application in my view is misplaced and this is the reason why:The sentence of 25 years was passed by this court (Sitati J).The high court powers of revision under Article 165 and sections 362 to 367 of the Criminal Procedure Code is limited to that of the subordinate court, not superior courts.
6. The sentence was passed by a superior court and indeed a Judge of concurrent Jurisdiction. This court has no powers to revise orders issued by a judge of concurrent jurisdiction.
7. In short , this court has no jurisdiction to grant the powers being sought, and this petition is hereby struck off. Consequently, the petition is hereby struck off.
DATED, SIGNED AND DELIVERED AT NAIROBI VIA MICROSOFT TEAMS THIS 25TH DAY OF APRIL 2024. S. CHIRCHIRJUDGEIn the presence of:Godwin- Court AssistantPetitioner.