[2025] KEHC 451 (KLR)
The High Court held that it was functus officio, having already determined the applicant's resentencing application and reduced his sentence from life imprisonment to fifty years. The applicant had not appealed the resentencing order to the Court of Appeal, and thus, the High Court lacked jurisdiction to entertain a...
Source-derived case information.
- Citation
- [2025] KEHC 451 (KLR)
- Parties
- Applicant: Jared Otieno Ambego; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E112 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review Application After Resentencing
- Outcome
- application dismissed
- Judges
- DK Kemei
- Legal Topics
- Robbery With Violence, Sentence Review, Jurisdiction, Functus Officio
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jared Otieno Ambego
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Application After Resentencing
Legal Issues
- 1 Whether the High Court has jurisdiction to review the applicant's sentence after resentencing has already been determined.
- 2 Whether the applicant's return to the High Court constitutes an abuse of court process.
Ratio Decidendi
The High Court held that it was functus officio, having already determined the applicant's resentencing application and reduced his sentence from life imprisonment to fifty years. The applicant had not appealed the resentencing order to the Court of Appeal, and thus, the High Court lacked jurisdiction to entertain a further review. The court emphasized that the applicant's attempt to seek another review before the same court amounted to an abuse of process and undermined the hierarchy of the court system. Consequently, the application was found to lack merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application dated 12/9/2024 is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
Ambego v Republic (Miscellaneous Criminal Application E112 of 2024) [2025] KEHC 451 (KLR) (17 January 2025) (Ruling)
Neutral citation: [2025] KEHC 451 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E112 of 2024
DK Kemei, J
January 17, 2025
Between
Jared Otieno Ambego
Applicant
and
Republic
Respondent
Ruling
1. The Applicant herein Jared Otieno Ambego has filed the latest application seeking for sentence review. The applicant’s gravamen is inter alia; that he had bee charged with an offence of robbery with violence contrary to Section 295 as read with Section 296(2) of the Penal Code vide Bondo Chief Magistrate’s Court No. 966 of 2010 wherein he was convicted and sentenced to serve death; that he lodged an appeal to the High Court at Kisumu which was dismissed. That he moved to the Court of Appeal at Kisumu vide CRA No. 130 of 2013 which was also dismissed; that he has since filed a revision application for resentence vide Misc. Cr. Application No. 13 of 2019 wherein the sentence was reduced to 50 years’ imprisonment; he has since undergone rehabilitation and that the sentence of 50 years goes beyond his life expectancy.
2. I have given due consideration to the application and the averments in support thereof. It is not in dispute that the Applicant has exhausted all his appeals. It is also not in dispute that the Applicant has not lodged an appeal to the Court of Appeal regarding the order of resentencing which reduced his sentence from life imprisonment to fifty years imposed by this court. it is also not in dispute that this court is already functus officio and has no jurisdiction over this matter. The Applicant should respect the hierarchy of the court system and proceed to the Court of Appeal for redress if aggrieved by this court’s decision. The conduct of the Applicant coming back to this court yet his resentencing application had been determined is an abuse of the court process and akin to playing lottery with the courts. This cannot be countenanced.
3. In the result, I find the application dated 12/9/2024 lacks merit. The same is dismissed.
DATED AND DELIVERED AT SIAYA THIS 17TH DAY OF JANUARY 2025. D. KEMEIJUDGEIn the presence of:N/A Jared Otieno Nyambego………………ApplicantM/s Kerubo…………………….for RespondentMboya ………………………..Court Assistant