Amudavi v Republic (Criminal Appeal E057 of 2024) [2025] KEHC 3679 (KLR) (25 March 2025) (Ruling) Neutral citation: [2025] KEHC 3679 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL APPEAL E057 OF 2024 DR KAVEDZA, J MARCH 25, 2025 BETWEEN JACKSON AMUDAVI ............................................................................. APPELLANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The appellant was charged and after a full trial convicted for the ofience of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act, No. 3 of 2006. He was sentenced to serve, twenty (20) years imprisonment, less two (2) years and thirty-five (35) days spend in remand custody. 2. Aggrieved he filed an appeal which was heard and dismissed by Hon Justice Mulwa on 10th March 2023 (Nairobi Criminal Appeal No. E042 of 2018. 3. He filed the present appeal seeking similar orders. The appeal was however erroneously listed for hearing and determination. 4. From the record, this court already heard the appellant’s appeal against his conviction and sentence. It is trite law that the jurisdiction of courts in Kenya is always conferred by the Constitution or other written laws and that a Court of law can only exercise jurisdiction as conferred by the Constitution or other written law. A court of law cannot arrogate to itself jurisdiction exceeding that which is conferred upon it by law. The jurisdiction of the High Court includes; unlimited original jurisdiction in criminal and civil matters; jurisdiction to enforce the bill of rights; appellate jurisdiction; interpretative jurisdiction; any other jurisdiction, original or appellate, conferred on it by legislation; and supervisory jurisdiction. 5. In the circumstances, the right forum for the appellant is the Court of Appeal. As such, the appeal is dismissed for lack of jurisdiction. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/3679/eng@2025-03-25 1
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Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 25TH DAY OF MARCH 2025 D. KAVEDZA JUDGE In the presence of: Appellant Present Mutuma for the Respondent Tonny Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/3679/eng@2025-03-25 2
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