REPUBLIC OF KENYA
IN THE HIGH COURT AT MOMBASA
MISC CRIMINAL APPLICATION NO. E179 OF 2025.
FATUMA SICOBO MOHAMED ………….………………………………….….. APPLICANT
VERSUS
REPUBLIC ………………………………………………………………….........RESPONDENT
RULING
(Revision of sentence from HCCRA NO. E104 OF 2021 emanating from Shanzu Magistrate
Court Criminal case no. 615 of 2019 delivered by Hon D. Odhiambo)
1) The undated Notice of Motion before this Court has been prepared and filed by the Applicant. It is brought under Section 364 of the Criminal Procedure Code. The Applicant through his tailor made application has moved the court for a review of his sentence passed by the High Court in High Court Criminal Appeal number E104 of 2021.
2) The applicant was charged in the trial court with the offence of trafficking in narcotic drugs contrary to Section 4 (a) of the Narcotic Drugs and Psychotropic Substances Control Act 1994. He was convicted and sentenced to life in imprisonment by the lower court.
3) He filed High Court Criminal Appeal no. E104 of 2021 where the High Court allowed his appeal and reduced his sentence to 15 years imprisonment.
4) The Applicant prays that the sentence be reviewed. I have considered the application, the affidavit in support of the same and the sentence review report.
5) The issue for consideration is whether the application has merit and what orders this court should make.
6) It is well settled in Kenya that the High Court cannot review or alter a sentence imposed or upheld by another judge of the same court. I find that this Honourable Court lacks jurisdiction to review or set aside the decision of another judge of concurrent jurisdiction. This principle is rooted in the doctrine of stare decisis and the hierarchy of courts which ensures consistency and finality in judicial decisions.
7) In Republic vs Karisa Chengo & 2 Others (2017) Eklr , The Supreme Court of Kenya held that the High Court cannot revisit or alter a sentence imposed by another judge of the same court unless the decision is appealed to a higher court or reviewed under specific statutory provisions.
8) In the case of Joseph Nduvi Mbuvi vs Republic (2019) Eklr , the Court of Appeal reaffirmed that a judge of the High Court cannot sit on appeal or review the decision of another judge of the same court. The court emphasized that such a practice would undermine judicial comity and create uncertainty in the administration of justice.
9) Therefore, the applicant’s request for a sentence review cannot be entertained by this Honourbale Court. Doing that would amount to sitting on appeal over a decision of a judge of equal standing. The applicant’s proper avenue for such a challenge would be an appeal to the Court of Appeal as provided for under Article 164 (3) of the Constitution of Kenya, 2010.
10) The application lacks merit and the same is dismissed.
DELIVERED, DATED and SIGNED at MOMBASA on this 25 th day of FEBRUARY 2026.
Ruling delivered through Microsoft Teams Online Platform.
WENDY KAGENDO MICHENI
JUDGE
In the presence of;-
IN THE HIGH COURT AT MOMBASA
MISC CRIMINAL APPLICATION NO. E179 OF 2025.
FATUMA SICOBO MOHAMED ………….………………………………….….. APPLICANT
VERSUS
REPUBLIC ………………………………………………………………….........RESPONDENT
RULING
(Revision of sentence from HCCRA NO. E104 OF 2021 emanating from Shanzu Magistrate
Court Criminal case no. 615 of 2019 delivered by Hon D. Odhiambo)
1) The undated Notice of Motion before this Court has been prepared and filed by the Applicant. It is brought under Section 364 of the Criminal Procedure Code. The Applicant through his tailor made application has moved the court for a review of his sentence passed by the High Court in High Court Criminal Appeal number E104 of 2021.
2) The applicant was charged in the trial court with the offence of trafficking in narcotic drugs contrary to Section 4 (a) of the Narcotic Drugs and Psychotropic Substances Control Act 1994. He was convicted and sentenced to life in imprisonment by the lower court.
3) He filed High Court Criminal Appeal no. E104 of 2021 where the High Court allowed his appeal and reduced his sentence to 15 years imprisonment.
4) The Applicant prays that the sentence be reviewed. I have considered the application, the affidavit in support of the same and the sentence review report.
5) The issue for consideration is whether the application has merit and what orders this court should make.
6) It is well settled in Kenya that the High Court cannot review or alter a sentence imposed or upheld by another judge of the same court. I find that this Honourable Court lacks jurisdiction to review or set aside the decision of another judge of concurrent jurisdiction. This principle is rooted in the doctrine of stare decisis and the hierarchy of courts which ensures consistency and finality in judicial decisions.
7) In Republic vs Karisa Chengo & 2 Others (2017) Eklr , The Supreme Court of Kenya held that the High Court cannot revisit or alter a sentence imposed by another judge of the same court unless the decision is appealed to a higher court or reviewed under specific statutory provisions.
8) In the case of Joseph Nduvi Mbuvi vs Republic (2019) Eklr , the Court of Appeal reaffirmed that a judge of the High Court cannot sit on appeal or review the decision of another judge of the same court. The court emphasized that such a practice would undermine judicial comity and create uncertainty in the administration of justice.
9) Therefore, the applicant’s request for a sentence review cannot be entertained by this Honourbale Court. Doing that would amount to sitting on appeal over a decision of a judge of equal standing. The applicant’s proper avenue for such a challenge would be an appeal to the Court of Appeal as provided for under Article 164 (3) of the Constitution of Kenya, 2010.
10) The application lacks merit and the same is dismissed.
DELIVERED, DATED and SIGNED at MOMBASA on this 25 th day of FEBRUARY 2026.
Ruling delivered through Microsoft Teams Online Platform.
WENDY KAGENDO MICHENI
JUDGE
In the presence of;-