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Matimo v Republic (Criminal Miscellaneous Application E048 of 2022) [2025] KEHC 3181 (KLR) (19 February 2025) (Ruling)

[2025] KEHC 3181 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3181
Citation
[2025] KEHC 3181 (KLR)
Decided
19 February 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal Miscellaneous ApplicationPostureApplication for review of conviction and sentence after unsuccessful appealCoramHI ONG'UDI, Kiarie Waweru Kiarie
Holding

The High Court is functus ocio and the application is struck out and le closed.

Facts

The applicant was convicted and sentenced to life imprisonment for delement contrary to the Sexual Offences Act No. 3 of 2006. He had previously appealed the conviction and sentence to the Court of Appeal, which dismissed the appeal.

Issues

  1. Whether the High Court has jurisdiction to review the conviction and sentence after the Court of Appeal's decision
  2. What the applicant should do after the Court of Appeal's dismissal of his appeal

Reasoning

The applicant's appeal to the Court of Appeal was dismissed, and the High Court has no jurisdiction to review the conviction and sentence.

Outcome

Application struck out and le closed

Orders

  • Application for review of conviction and sentence struck out and le closed

Authorities cited

Legislation (1)
  • Sexual Offences Act No. 3 of 2006
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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