[2019] KEHC 11762 (KLR)
The High Court held that it was functus officio in respect of its own appellate decision in Kisumu HCRA No. 102 of 2012, having already reduced the applicant's sentence from death to 14 years imprisonment. The court found that it lacked jurisdiction to entertain a further petition for resentencing regarding the same...
Source-derived case information.
- Citation
- [2019] KEHC 11762 (KLR)
- Parties
- Applicant: Erick Oduor Ngonga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Petition 4 of 2019
- Procedural Posture
- Constitutional Petition / Ruling on Petition for Resentencing
- Outcome
- petition struck out and dismissed
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Functus Officio, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Oduor Ngonga
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Ruling on Petition for Resentencing
Legal Issues
- 1 Whether the High Court can entertain a petition for resentencing after it has already rendered a decision on appeal reducing the sentence.
- 2 Whether the doctrine of functus officio applies to bar the court from revisiting its own appellate decision.
Ratio Decidendi
The High Court held that it was functus officio in respect of its own appellate decision in Kisumu HCRA No. 102 of 2012, having already reduced the applicant's sentence from death to 14 years imprisonment. The court found that it lacked jurisdiction to entertain a further petition for resentencing regarding the same matter, as it cannot sit on appeal over its own decision. Consequently, the petition was struck out and dismissed for want of jurisdiction.
Court Disposition
petition struck out and dismissed
Orders
- The petition is hereby struck out and dismissed.
- File closed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 4 OF 2019
ERICK ODUOR NGONGA ............................................APPLICANT
VERSUS
REPUBLIC ..........................................................RESPONDENT
(Being a Petition for resentencing following the judgment dated 12. 3.2012 vide Kisumu HCRA No. 102 of 2012(Hon. Abida Ali Aroni – J and H. Chemitei – J.)
RULING
1. As the Petitioner is seeking to challenge the decision of this Court (High Court) at Kisumu on appeal where the death sentence was reduced to 14 years imprisonment without taking into account the period that he had served in prison, this Court is functus officio its own decision as it cannot sit on its own appeal.
2. This petition is hereby struck out and dismissed.
3. File closed.
DATED AT SIAYA THIS 9TH DAY OF OCTOBER, 2019.
HON. LADY JUSTICE R. E. ABURILI
JUDGE