Juma v Republic [2023] KEHC 25603 (KLR) | Jurisdiction Of High Court | Esheria

Juma v Republic [2023] KEHC 25603 (KLR)

Full Case Text

Juma v Republic (Miscellaneous Criminal Application 007 of 2023) [2023] KEHC 25603 (KLR) (21 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25603 (KLR)

Republic of Kenya

In the High Court at Kibera

Miscellaneous Criminal Application 007 of 2023

DR Kavedza, J

November 21, 2023

Between

Kennedy Otieno Juma

Applicant

and

Republic

Respondent

Ruling

1. Before me is an application by the applicant, Kennedy Otieno Juma, seeking revision of the sentence which he is currently serving.

2. The applicant was charged, convicted and sentenced to death for the offence of robbery with violence contrary to section 295 as read with section 296(2) of the Penal Code.

3. Aggrieved by the sentence, the applicant filed Criminal Appeal No. 5,7 and 9 of 2014 wherein the conviction and sentence were upheld by Hon. G. Ngenye on 17th August 2016.

4. The applicant further appealed to the Court of Appeal in Criminal Appeal No 132 of 2018 which was subsequently dismissed.

5. What the applicant is seeking therefore, is for this court to review the decision of the Court of Appeal. This court is bereft of any such jurisdiction to review the said decision, as doing so, would be tantamount to sitting as an appellate court on the decision of a court of higher status (Court of Appeal). The applicant’s remedy, if at all, lies elsewhere but certainly not in this court.

6. In view of the foregoing, this court does not have jurisdiction to entertain the instant application. See the Owners of Motor Vessel “Lillian S” v Caltex Oil (Kenya) Ltd [1989] eKLR, where it was held that jurisdiction is everything. Without it, a court has no power to make one more step, and must down its tools.

7. The application not only lacks merit, but it is an abuse of the court process. The Application is therefore dismissed with an order that the Applicant shall not file any similar application without leave of court.

RULING DATED AND DELIVERED VIRTUALLY THIS 21ST DAY OF NOVEMBER 2023. ________________________D. KAVEDZAJUDGEIn the presence of:Ms Kibathi for the State.Applicant present (VTC).Ms. Joy/ Ms. Njuguna C/A.