The applicant in this matter seeks to have the life sentence that he is serving for the offence of murder reviewed by this court.
He has informed the court that her was previously before the Court of Appeal and his appeal to that court was dismissed. He then came back to this court seeking review of sentence and when he appeared before Lady Justice Nzioka the court dismissed his application citing lack of jurisdiction since it had been handled in the Court of Appeal in Criminal Appeal No. 365 of 2007 and as such the learned Judge could not interfere with the Court of Appeal decision. The learned Lady Justice Nzioka directed the Appellant to approach the Supreme court if so wished. The applicant has instead of moving to the Supreme court returned to this court seeking that which he was unable to persuade Lady Justice Nzioka to grant him.
It is the considered view of this court that the issue of resentencing having been canvassed before this court, this court has no jurisdiction to entertain the present application. The court finds and holds that jurisdiction is everything and without it, it cannot take any further step.
The jurisdiction of this court cannot be invoked to review the decision of the court of Appeal. The application offends the jurisdictional supremacy of the court of Appeal over this court.
The applicant needs to know that the hierarchy of courts under our judicial system is to be respected by all. The presentation of multiple applications to this court seeking the same orders is by itself an abuse of the process of this court.
The application by the Applicant is thus deemed to be an act that amounts to abuse of the process of this court. The applicant’s action amounts to harassing the court and the Respondents as well.
He should be advised that judicial time is precious and cannot be spent on arguing applications that are moot. The application is thus struck out.
It is so ordered.