[2025] KEHC 9864 (KLR)

[2025] KEHC 9864 (KLR)

The High Court at Kibera lacks territorial jurisdiction to entertain a petition challenging a conviction and sentence imposed by the Milimani High Court. Jurisdiction is fundamental and cannot be assumed or conferred by the parties. Since the subject matter arose from proceedings at Milimani High Court, only that court has the requisite jurisdiction to determine the petition. The petition is therefore struck out for want of jurisdiction.

Citation
[2025] KEHC 9864 (KLR)
Parties
Applicant: Alex Sifuna Wanyonyi; Respondent: Republic
Court
High Court
Court Station
High Court at Kibera
Jurisdiction
Kenya
Judgment Date
8 July 2025
Case Number
Criminal Petition E008 of 2025
Procedural Posture
Criminal Petition / Ruling on Jurisdiction
Outcome
petition struck out for want of jurisdiction
Judges
DR Kavedza
Legal Topics
Jurisdiction of High Court, Territorial Jurisdiction, Constitutionality of Sentence
Source Language
English
Criminal Law Jurisdiction of High Court Territorial Jurisdiction Constitutionality of Sentence

Case Brief

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Parties

Alex Sifuna Wanyonyi

Applicant

Republic

Respondent

Procedural Posture

Criminal Petition / Ruling on Jurisdiction

Legal Issues

  1. 1 Whether the High Court at Kibera has territorial jurisdiction to hear the petition challenging the constitutionality of the sentence imposed by the Milimani High Court.
  2. 2 Whether the petition should be entertained or struck out for want of jurisdiction.

Ratio Decidendi

The High Court at Kibera lacks territorial jurisdiction to entertain a petition challenging a conviction and sentence imposed by the Milimani High Court. Jurisdiction is fundamental and cannot be assumed or conferred by the parties. Since the subject matter arose from proceedings at Milimani High Court, only that court has the requisite jurisdiction to determine the petition. The petition is therefore struck out for want of jurisdiction.

Court Disposition

petition struck out for want of jurisdiction

Orders

  • The petition is struck out.
  • No orders as to costs.