Ouma v Republic [2023] KEHC 25527 (KLR)

Ouma v Republic (Miscellaneous Criminal Application 16 of 2023) [2023] KEHC 25527 (KLR) (20 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25527 (KLR)

Republic of Kenya

In the High Court at Kibera

Miscellaneous Criminal Application 16 of 2023

DR Kavedza, J

November 20, 2023

Between

Wilson Ouma

Applicant

and

Republic

Respondent

(Criminal Appeal No. 60 of 2018 wherein the sentence of life imprisonment was set aside and substituted with a sentence of 15 years imprisonment by Hon. L. Mutende on 3rd March 2021. Criminal Appeal 60 of 2018 )

Ruling

1. Before me is an application by the applicant, Wilson Ouma, seeking revision of the sentence which he is currently serving.

2. The applicant was charged, convicted and sentenced to life imprisonment for the offence of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act.

3. Aggrieved by the sentence, the applicant filed Criminal Appeal No. 60 of 2018 wherein the sentence of life imprisonment was set aside and substituted with a sentence of 15 years imprisonment by Hon. L. Mutende on 3rd March 2021.

4. What the applicant is seeking therefore, is for this court to review the decision of a court of concurrent jurisdiction. 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 concurrent jurisdiction (Mutende J). As a general rule, superior courts cannot sit in review/appeal over decisions of their peers of equal and competent jurisdiction. The applicant’s remedy, if at all, lies elsewhere but certainly not in this court.

5. 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.

6. 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 20TH DAY OF NOVEMBER 2023. ..................D. KAVEDZAJUDGEIn the presence of:Ms Kibathi for the State.Applicant absent (VTC).Ms. Joy/ Ms. Njuguna C/A