The applicant in this matter is serving a life sentence having appealed to the court of Appeal and her appeal was dismissed.
She has come to this court for resentencing citing the Muruatetu decision and Articles 19, 20, 22, 23, 25, 27, 28 29, 50, 51, 159 and 165 of the Constitution.
The applicant was charged, tried and convicted for the offence of Robbery with Violence and sentenced to suffer death.
The death sentence was later commuted to life through a presidential decree.
The applicant having appealed to the Court of Appeal in Criminal No. 79 of 2015 as per the record held by the prisons.
He has informed the court that the appeal was dismissed. This court takes the view that the applicant having appealed to the Court of Appeal and the Court of Appeal having dismissed the appeal on both conviction and sentence, this court cannot review that sentence.
It would be against the hierachial order of exercise of jurisdiction for this court to sit and hear an application to review the decision of a Superior Court.
It is my finding that this court lacks the necessary jurisdiction to do so and in keeping with the decision of the Court of Appeal in the Owners of Motor Vessel Lilians Case Vs Caltex Oil (K)Ltd (1989) eKLR and having found that it lacks jurisdiction, it cannot proceed any further with this matter.
The applicant’s application is thus dismissed and she is at liberty to approach the Court of Appeal on the strength of the Authorities cited in her application.
It is so ordered.