[2025] KEHC 7179 (KLR)

[2025] KEHC 7179 (KLR)

The High Court lacks jurisdiction to entertain a criminal revision under Article 165(6) of the Constitution or sections 362-364 of the Criminal Procedure Code after the applicant has exhausted the appellate process in both the High Court and the Court of Appeal. The supervisory and revisional jurisdictions are not available once the matter has been fully adjudicated on appeal. Furthermore, section 333(2) of the Criminal Procedure Code, which requires courts to consider time spent in custody prior to sentencing, applies only to judicial sentencing and not to sentences commuted by the President through the exercise of the prerogative of mercy. Commutation is an executive function, not...

Citation
[2025] KEHC 7179 (KLR)
Parties
Applicant: Ali Mohammed Wanjala; Respondent: Republic
Court
High Court
Court Station
High Court at Busia
Jurisdiction
Kenya
Judgment Date
29 May 2025
Case Number
Criminal Revision E007 of 2023
Procedural Posture
Criminal Revision / Ruling on Motion for Revision After Exhaustion of Appeals
Outcome
application dismissed
Judges
WM Musyoka
Legal Topics
Supervisory Jurisdiction, Revisional Jurisdiction, Commutation of Sentence, Section 333 2 Criminal Procedure Code
Source Language
English
Criminal Law Supervisory Jurisdiction Revisional Jurisdiction Commutation of Sentence Section 333 2 Criminal Procedure Code

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Parties

Ali Mohammed Wanjala

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Motion for Revision After Exhaustion of Appeals

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain a criminal revision after the applicant has exhausted the appellate process.
  2. 2 Whether Article 165(6) of the Constitution can be invoked when there are no ongoing proceedings before the Magistrate's Court.
  3. 3 Whether section 333(2) of the Criminal Procedure Code applies to a sentence commuted by the President after exhaustion of appeals.

Ratio Decidendi

The High Court lacks jurisdiction to entertain a criminal revision under Article 165(6) of the Constitution or sections 362-364 of the Criminal Procedure Code after the applicant has exhausted the appellate process in both the High Court and the Court of Appeal. The supervisory and revisional jurisdictions are not available once the matter has been fully adjudicated on appeal. Furthermore, section 333(2) of the Criminal Procedure Code, which requires courts to consider time spent in custody prior to sentencing, applies only to judicial sentencing and not to sentences commuted by the President through the exercise of the prerogative of mercy. Commutation is an executive function, not...

Court Disposition

application dismissed

Orders

  • The applicant's Motion dated 16th August 2023 is dismissed for want of jurisdiction.