Fatma Mohamed Okoth v Republic [2022] KEHC 2017 (KLR)
- Court
- High Court of Kenya
- Case number
- 2017
- Citation
- [2022] KEHC 2017 (KLR)
- Decided
- 17 February 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Criminal ApplicationPostureApplication for review of sentence by Hon. Lesiit, J.CoramC. W. GITHUA
Holding
The High Court does not have jurisdiction to review the applicant's sentence as it is a decision of a court of concurrent jurisdiction.
Facts
Fatma Mohamed Okoth was convicted of manslaughter and sentenced to six years imprisonment. She seeks to have the sentence reviewed and substituted with a non-custodial sentence.
Issues
- Whether the High Court has jurisdiction to review the sentence imposed by Hon. Lesiit, J.
- Whether the applicant has a valid reason to seek a review of the sentence
Reasoning
The court ruled that the High Court's supervisory jurisdiction cannot be exercised over a superior court, and the applicant's sentence can only be reviewed by the Court of Appeal.
Outcome
The application is struck out for want of jurisdiction.
Orders
- Strike out the application for want of jurisdiction.
Authorities cited
Legislation (2)
- Criminal Procedure Code, Section 362
- Criminal Procedure Code, Section 379
Cases cited (1)
- Samuel Kamau Macharia & Another V Kenya Commercial Bank
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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