'
(Revision of sentence from HCCR No. 55 of 2013 at Mombasa; High Court Criminal Case No. 56 of 2017; judgment delivered on 26th October 2018 by Hon. Asenath Ongeri, Judge)
The Notice of Motion before this Court, prepared and filed by the Applicant, is brought under Section 333(2) of the Criminal Procedure Code . Through his application, the Applicant seeks a review of the sentence passed on 26th October 2018 by Hon. Asenath Ongeri (Judge).
The Applicant was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code . Upon conviction, he was sentenced to twenty (20) years’ imprisonment . He now prays that the sentence be reviewed to take into account the period spent in custody during trial.
I have carefully considered the application and the supporting affidavit. The Respondent had not filed any response or submissions by the time of preparing this ruling.
The issue for determination is whether this application has merit and what orders the Court should issue.
It is a well-established principle of law in Kenya that the High Court lacks jurisdiction to review or alter a sentence imposed or upheld by another Judge of concurrent jurisdiction. This is anchored in the doctrine of stare decisis , judicial comity, and the hierarchy of courts, all of which safeguard consistency and finality in judicial decisions.
In Republic v Karisa Chengo & 2 Others (2017) eKLR , the Supreme Court affirmed that a Judge of the High Court cannot revisit or vary a sentence imposed by another High Court Judge, except where an appeal has been lodged to a higher court or where a specific statutory review mechanism exists.
Similarly, in Joseph Nduvi Mbuvi v Republic (2019) eKLR , the Court of Appeal reiterated that one High Court Judge cannot sit on appeal or review the decision of another Judge of equal jurisdiction, noting that such a practice would erode judicial order and certainty.
Consequently, the Applicant’s plea for sentence review cannot be entertained by this Court. Granting the orders sought would amount to sitting on appeal against a decision made by a Judge of concurrent jurisdiction. The proper recourse available to the Applicant lies in appealing to the Court of Appeal , as provided under Article 164(3) of the Constitution of Kenya, 2010 .
For these reasons, I find that the application is without merit and the same is hereby dismissed .
DELIVERED, DATED AND SIGNED at Mombasa this 27th day of November 2025.
Ruling delivered through the Microsoft Teams Online Platform .
WENDY KAGENDO MICHENI
JUDGE
In the presence of:
THE APPLICANT
MR SIRIMA FOR THE STATE
MS BEBORA COURT ASISTANT
'
(Revision of sentence from HCCR No. 55 of 2013 at Mombasa; High Court Criminal Case No. 56 of 2017; judgment delivered on 26th October 2018 by Hon. Asenath Ongeri, Judge)
The Notice of Motion before this Court, prepared and filed by the Applicant, is brought under Section 333(2) of the Criminal Procedure Code . Through his application, the Applicant seeks a review of the sentence passed on 26th October 2018 by Hon. Asenath Ongeri (Judge).
The Applicant was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code . Upon conviction, he was sentenced to twenty (20) years’ imprisonment . He now prays that the sentence be reviewed to take into account the period spent in custody during trial.
I have carefully considered the application and the supporting affidavit. The Respondent had not filed any response or submissions by the time of preparing this ruling.
The issue for determination is whether this application has merit and what orders the Court should issue.
It is a well-established principle of law in Kenya that the High Court lacks jurisdiction to review or alter a sentence imposed or upheld by another Judge of concurrent jurisdiction. This is anchored in the doctrine of stare decisis , judicial comity, and the hierarchy of courts, all of which safeguard consistency and finality in judicial decisions.
In Republic v Karisa Chengo & 2 Others (2017) eKLR , the Supreme Court affirmed that a Judge of the High Court cannot revisit or vary a sentence imposed by another High Court Judge, except where an appeal has been lodged to a higher court or where a specific statutory review mechanism exists.
Similarly, in Joseph Nduvi Mbuvi v Republic (2019) eKLR , the Court of Appeal reiterated that one High Court Judge cannot sit on appeal or review the decision of another Judge of equal jurisdiction, noting that such a practice would erode judicial order and certainty.
Consequently, the Applicant’s plea for sentence review cannot be entertained by this Court. Granting the orders sought would amount to sitting on appeal against a decision made by a Judge of concurrent jurisdiction. The proper recourse available to the Applicant lies in appealing to the Court of Appeal , as provided under Article 164(3) of the Constitution of Kenya, 2010 .
For these reasons, I find that the application is without merit and the same is hereby dismissed .
DELIVERED, DATED AND SIGNED at Mombasa this 27th day of November 2025.
Ruling delivered through the Microsoft Teams Online Platform .
WENDY KAGENDO MICHENI
JUDGE
In the presence of:
THE APPLICANT
MR SIRIMA FOR THE STATE
MS BEBORA COURT ASISTANT
'