[2022] KEHC 10282 (KLR)
The court declined to proceed with the re-sentencing application because the applicant failed to specify the offences for which he was convicted, making it impossible for the court to determine whether it had jurisdiction to grant the orders sought. To resolve this, the court directed the Deputy Registrar to call...
Source-derived case information.
- Citation
- [2022] KEHC 10282 (KLR)
- Parties
- Applicant: James Ashigulwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E001 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Preliminary Application for Re Sentencing
- Outcome
- Mention scheduled; no final orders on re-sentencing until records are availed.
- Judges
- WM Musyoka
- Legal Topics
- Re Sentencing, Jurisdiction of High Court, Criminal Appeals, Trial Records, Production Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Ashigulwa
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Preliminary Application for Re Sentencing
Legal Issues
- 1 Whether the court has jurisdiction to entertain the applicant's request for re-sentencing without details of the offences of conviction.
- 2 Whether the trial and appellate records should be called for to clarify the applicant's conviction and sentence.
Ratio Decidendi
The court declined to proceed with the re-sentencing application because the applicant failed to specify the offences for which he was convicted, making it impossible for the court to determine whether it had jurisdiction to grant the orders sought. To resolve this, the court directed the Deputy Registrar to call for the relevant trial and appellate records to ascertain the applicant's conviction and sentence. The matter was set for mention on a future date, and a production order was issued to facilitate the applicant's attendance. The court emphasized the necessity of having complete records before making any substantive determination on the application for re-sentencing.
Court Disposition
Mention scheduled; no final orders on re-sentencing until records are availed.
Orders
- Deputy Registrar to call for the trial records in Butali PMCCRC No 535 of 2008 and Kakamega HCCRA No 108 of 2009.
- Matter to be mentioned on July 30, 2022.
Full Case Text
Judgment text and source record
19 paragraphs
Ashigulwa v Republic (Miscellaneous Criminal Application E001 of 2021) [2022] KEHC 10282 (KLR) (24 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10282 (KLR)
Republic of Kenya
In the High Court at Kakamega
Miscellaneous Criminal Application E001 of 2021
WM Musyoka, J
June 24, 2022
Between
James Ashigulwa
Applicant
and
Republic
Respondent
Ruling
1. The Motion herein, undated, but filed on January 8, 2021, principally seeks re-sentencing.
2. I cannot tell whether I have jurisdiction to do what the applicant invites me to do, as he has not indicated the offences in respect of which he was convicted.
3. Consequently, I do hereby direct the Deputy Registrar to call for the trial records in Butali PMCCRC No 535 of 2008 and Kakamega HCCRA No 108 of 2009.
4. The matter shall be mentioned on July 30, 2022. A production order shall issue. Copies of this ruling to be made available to the applicant and the Office of the Director of Public Prosecutions.
DELIVERED, DATED AND SIGNED AT KAKAMEGA ON THIS 24th DAY OF June 2022. WM MUSYOKAJUDGEErick Zalo, Court Assistant.James Ashigulwa, the applicant, in person.Mr. Mwangi, instructed by the Director of Public Prosecutions, for the respondent.