Nafula v Republic [2022] KEHC 18095 (KLR) | Revision Jurisdiction | Esheria

Nafula v Republic [2022] KEHC 18095 (KLR)

Full Case Text

Nafula v Republic (Revision Case E253 of 2022) [2022] KEHC 18095 (KLR) (14 December 2022) (Ruling)

Neutral citation: [2022] KEHC 18095 (KLR)

Republic of Kenya

In the High Court at Bungoma

Revision Case E253 of 2022

REA Ougo, J

December 14, 2022

Between

Esnas Nafula

Applicant

and

Republic

Respondent

Ruling

1. Before me is an application by Esnas Nafula Wafula the applicant. She seeks a review of the sentence. The applicant as per the application was convicted on the October 31, 2018 and sentenced to 15 years imprisonment for the offence of manslaughter under Section 202 as read with Section 203 of the Penal Code. She states that she is young and that whilst in prison she has maintained a high standard of discipline, that the court should consider her background and family ties as she has been separated from her family. She seeks to be given a non custodial sentence.

2. The application was opposed by the Respondent. M/s Omondi argued that the applicant was convicted on her own plea of guilty and jailed for 15 years. That this court being a court of equal jurisdiction cannot sit on an appeal on the issue of sentence. That the court took into account the period she was jailed and noted that she has to face the wrath of the law for the offence she committed. That the sentence was commensurate with the crime and that the application should be dismissed.

3. The Respondent has raised the issue of my jurisdiction. It is a High Court judge who convicted and sentenced the applicant. This court is a court of equal jurisdiction. To review the sentence imposed would be sitting on appeal on judgement of a court of equal jurisdiction. I therefore lack the jurisdiction to review the sentence. The applicant has a right to move to the Court of Appeal if dissatisfied with the High Court. I therefore dismiss the application filed on the November 3, 2022. File is closed.

DATED, SIGNED, AND DELIVERED AT BUNGOMA THIS 14TH DAY OF DECEMBER, 2022R.E. OUGOJUDGEIn the presence of:Ms Omondi – State CounselMs Wilkister – Court Assistant.Esnus Nafula alias Sarah – Appellant: present online.