[2020] KEHC 7778 (KLR)
The court held that it was functus officio and lacked jurisdiction to review its own judgment on sentence where the same had been upheld by a court of concurrent jurisdiction and the decision was not challenged before the Court of Appeal. The petitioner failed to provide necessary documentation to support his claim...
Source-derived case information.
- Citation
- [2020] KEHC 7778 (KLR)
- Parties
- Petitioner: Billy Daniel Okudo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 1 of 2020
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition dismissed
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Jurisdiction, Sexual Offences, Functus Officio
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Billy Daniel Okudo
Petitioner
Republic
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the High Court has jurisdiction to review its own judgment on sentence where the decision was upheld by a court of concurrent jurisdiction and not challenged before the Court of Appeal.
- 2 Whether the petitioner is entitled to resentencing under the circumstances.
Ratio Decidendi
The court held that it was functus officio and lacked jurisdiction to review its own judgment on sentence where the same had been upheld by a court of concurrent jurisdiction and the decision was not challenged before the Court of Appeal. The petitioner failed to provide necessary documentation to support his claim for resentencing, and there was no evidence that the High Court's decision had been appealed. Therefore, the petition for resentencing was dismissed for want of jurisdiction.
Court Disposition
petition dismissed
Orders
- The Petition is hereby dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CONSTITUTIONAL PETITION 1 OF 2020
(CORAM: R. E. ABURILI - J.)
BILLY DANIEL OKUDO..........................................................PETITIONER
VERSUS
REPUBLIC................................................................................RESPONDENT
(Being a Petition for resentencing in Bondo PM’s court, Criminal Case No. 841 of 2008 and Kisumu HC CRA No. 96 of 2012)
JUDGMENT
1. The petitioner claims that he was convicted and sentenced under section 8(3) of the Sexual Offences Act No. 3 of 2006 and that he was sentenced to serve life imprisonment vide Bondo PM’s court, Criminal Case No. 841 of 2008).He never annexed copy of judgment or charge sheet to this petition hence the court could not confirm the sentence meted out. He also claims that he appealed to the High Court at Kisumu vide HCRA No. 96 of 2012 which appeal was dismissed. He has not demonstrated that he challenged that judgment of the High Court to the Court of Appeal.
2. That being the case, it is my humble view that this court is functus officio and lacks jurisdiction to review its own judgment on sentence where the same was upheld by a court of concurrent jurisdiction, and which decision was never challenged before the Court of Appeal.
3. The Petition is hereby dismissed and the file is closed.
4. Orders accordingly.
Dated, signed and delivered at Siaya, this 18th day of February, 2020
R.E. ABURILI
JUDGE
In the presence of:
Billy Daniel Okudo, Petitioner
Mr. Okachi, Senior Principal prosecution Counsel for Respondent
Court Assistants: Brenda Achieng and Modestar Mutiemani