[2024] KEHC 12060 (KLR)
The High Court lacks jurisdiction to entertain a sentence review application where the applicant has already been resentenced by a competent judge following directions from the Court of Appeal. The proper forum for any further challenge is the Supreme Court. The application is therefore dismissed as the High Court...
Source-derived case information.
- Citation
- [2024] KEHC 12060 (KLR)
- Parties
- Applicant: Samuel Alimaris; Respondent: State
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Appeal E023 of 2024
- Procedural Posture
- Miscellaneous Criminal Appeal / Sentence Review Application After Resentencing
- Outcome
- application dismissed
- Judges
- RPV Wendoh
- Legal Topics
- Sentence Review, Appeal Dismissal, Resentencing, Jurisdiction, Finality of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Alimaris
Applicant
State
Respondent
Procedural Posture
Miscellaneous Criminal Appeal / Sentence Review Application After Resentencing
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain a sentence review application after the applicant has already been resentenced by a competent court.
- 2 Whether the applicant is entitled to further redress from the High Court after the Court of Appeal and resentencing by Justice Mrima.
Ratio Decidendi
The High Court lacks jurisdiction to entertain a sentence review application where the applicant has already been resentenced by a competent judge following directions from the Court of Appeal. The proper forum for any further challenge is the Supreme Court. The application is therefore dismissed as the High Court is functus officio in this matter.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed.
- File closed.
Full Case Text
Judgment text and source record
16 paragraphs
Alimaris v State (Miscellaneous Criminal Appeal E023 of 2024) [2024] KEHC 12060 (KLR) (24 September 2024) (Ruling)
Neutral citation: [2024] KEHC 12060 (KLR)
Republic of Kenya
In the High Court at Kapenguria
Miscellaneous Criminal Appeal E023 of 2024
RPV Wendoh, J
September 24, 2024
Between
Samuel Alimaris
Applicant
and
State
Respondent
Ruling
1. I have considered the application by the applicant for sentence review. Judge Githinji sentenced the appellant to life imprisonment on 17/1/2018. The applicant claims to have gone to Court of Appeal which dismissed his appeal. I note that the Court of Appeal ordered a resentencing and Justice Mrima resentenced the applicant on 3/5/2024. He cannot come back to this court for redress. If he is still aggrieved, he should move to the Supreme court. Application is dismissed.File closed.
DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 24TH DAY OF SEPTEMBER, 2024. R. WENDOHJUDGEDelivered in the presence of:Applicant – presentMajale for the State.Court Assistants – Juma/Hellen