[2023] KEHC 18982 (KLR)
The High Court held that it lacked jurisdiction to entertain the petition for resentencing because the petitioner had already filed an appeal to the Court of Appeal, which was still pending. The court emphasized that it cannot review or alter its own sentence or that of a court of concurrent jurisdiction when the...
Source-derived case information.
- Citation
- [2023] KEHC 18982 (KLR)
- Parties
- Appellant: George Oluoch Dimba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E007 of 2023
- Procedural Posture
- Criminal Petition / Judgment
- Outcome
- petition dismissed
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Pending Appeal, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Oluoch Dimba
Appellant
Republic
Respondent
Procedural Posture
Criminal Petition / Judgment
Legal Issues
- 1 Whether the High Court can resentence a convict when an appeal is pending before the Court of Appeal.
- 2 Whether the petition for resentencing is premature in light of the pending appeal.
Ratio Decidendi
The High Court held that it lacked jurisdiction to entertain the petition for resentencing because the petitioner had already filed an appeal to the Court of Appeal, which was still pending. The court emphasized that it cannot review or alter its own sentence or that of a court of concurrent jurisdiction when the matter is actively under consideration by the appellate court. Therefore, the petition for resentencing was found to be premature and was dismissed.
Court Disposition
petition dismissed
Orders
- The petition for resentencing is declined and dismissed as premature.
- This file is hereby closed.
Full Case Text
Judgment text and source record
21 paragraphs
Dimba v Republic (Criminal Petition E007 of 2023) [2023] KEHC 18982 (KLR) (19 June 2023) (Judgment)
Neutral citation: [2023] KEHC 18982 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Petition E007 of 2023
RE Aburili, J
June 19, 2023
Between
George Oluoch Dimba
Petitioner
and
Republic
Respondent
Judgment
1. The Convict/Petitioner herein is George Oluoch Dimba. He filed his petition and Notice of Motion on 6th June 2023 seeking for resentencing in Kisumu HCCRC No. 37 of 2010 wherein he was convicted of the offence of murder and sentenced to death. He claims that death sentence imposed on him was unconstitutional.
2. However, the records held by this court show that the convict herein appealed and his appeal is still pending vide Court of Appeal Criminal Appeal No. 3 of 2020.
3. This court cannot resentence the convict whose appeal is still pending before the Court of Appeal.
4. I find the Petition to be premature as this court cannot review its own sentence imposed on the convict vide Kisumu HCCR No. 39 of 2010, by a court of concurrent jurisdiction on 13th November 2013 when the said matter is pending consideration by the Court of Appeal.
5. This Petition for resentencing is found to be premature and is hereby declined and dismissed as an appeal vide Court of Appeal Criminal Appeal No. 3 of 2020 is still pending determination
6. This file is hereby closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF JUNE, 2023R. E. ABURILIJUDGE