Isaack Githinji Mwangi VS The Republic Isaack Githinji Mwangi VS The Republic

The applicant seeks the review of sentence vide an application expressed to be brought under Article 165 (3) (d) (ii) of the Constitution.
The applicant was charged and convicted for the offence of defilement as Contrary Section 8 (1) (2) of the Sexual Offences Act No. 3 of 2006
The applicant has cited the High court decision rendered in Mombasa vide Petition No. 97 of 2021 in which the court had declared minimum mandatory sentences in Sexual offences unconstitutional.
The applicant had previously appealed to this court, and the Court of Appeal against his conviction and sentence.
He was unsuccessful in both appeals.
The state contends that this court has no jurisdiction to entertain this application considering that the Court of Appeal has pronounced itself on the sentence as well.
The court agrees with the position taken by the prosecution.
This court cannot review the decision of a judge of concurrent jurisdiction since the High Court in its decision dismissing the appeal in the first instance dealt with the issue of sentence.
Further this court cannot overturn the decision of the Court of Appeal dismissing the appeal on sentence. That would be tantamount to an overthrow of the hierarchy of the courts.
As a result, this court finds that the application is improperly before this court. It is thus incompetent and is hereby struck out.
It is so ordered.