Janet v Republic (Miscellaneous Criminal Application E020 of 2021) [2022] KEHC 10729 (KLR) (25 May 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 10729
- Citation
- [2022] KEHC 10729 (KLR)
- Decided
- 25 May 2022
The High Court has no jurisdiction to hear the application for review of sentence as the magistrate's court had no power to review the sentence of the High Court. The applicant's application is thus dismissed.
Facts
The applicant was convicted of delement contrary to Section 8(1) of the Sexual Offences Act No. 3 of 2006 in Nyeri Court and sentenced to 15 years imprisonment. He appealed to the High Court, which dismissed the appeal. The applicant then filed a petition for review in the Chief Magistrate's Court, which reduced the sentence to 10 years. The applicant now seeks review of the sentence in the High Court.
Issues
- Whether the High Court has jurisdiction to hear the application for review of sentence
- Whether the magistrate's court had the power to review the sentence of the High Court
Reasoning
The High Court dismissed the applicant's application as the magistrate's court had no jurisdiction to review the sentence of the High Court, which is a higher court. The applicant was not warned of the possibility of his sentence being enhanced, and reinstating the original sentence would be prejudicial to him.
Outcome
Application dismissed
Authorities cited
Legislation (1)
- Criminal Procedure Code
Cases cited (1)
- Samuel Kamau Macharia vs KCB & 2Others Civil Application No. 2 of 2011
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