[2019] KEHC 312 (KLR)
The court held that it lacked jurisdiction to review its own orders on conviction and sentence in the absence of a pronouncement by the Court of Appeal. The petitioner's request for resentencing was therefore not properly before the court, as the appropriate appellate process had not been exhausted. The petition was...
Source-derived case information.
- Citation
- [2019] KEHC 312 (KLR)
- Parties
- Applicant: Fredrick Sumba Wameyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 36 of 2019
- Procedural Posture
- Constitutional Petition / Application for Resentencing Following Conviction and Sentence for Murder
- Outcome
- Petition dismissed for lack of merit and want of jurisdiction.
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Jurisdiction of High Court, Murder Conviction, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Sumba Wameyo
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Application for Resentencing Following Conviction and Sentence for Murder
Legal Issues
- 1 Whether the High Court has jurisdiction to review its own order on conviction and sentence before the Court of Appeal has pronounced itself.
- 2 Whether the petitioner is entitled to resentencing after conviction for murder.
Ratio Decidendi
The court held that it lacked jurisdiction to review its own orders on conviction and sentence in the absence of a pronouncement by the Court of Appeal. The petitioner's request for resentencing was therefore not properly before the court, as the appropriate appellate process had not been exhausted. The petition was found to be devoid of merit and was dismissed accordingly.
Court Disposition
Petition dismissed for lack of merit and want of jurisdiction.
Orders
- The petition is dismissed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CONSTITUTIONAL PETITION NO. 36 OF 2019
FREDRICK SUMBA WAMEYO................PETITONER
VERSUS
REPUBLIC................................................PROSECUTOR
(Being an application for resentencing delivered in Kisumu HCCRC No. 18 of 2008 dated 29th June, 2016 by Hon. Justice D.S. Majanja – J.)
JUDGMENT
1. The Petitioner was convicted and sentenced to death for Murder in Kisumu HCCRC No. 18/2008. This was vide a Judgment delivered on 29. 6.2016 by D.S. Majanja – J., and written by Hon. H.K. Chemitei J. He has not appealed, albeit he now says he would have pleaded guilty to manslaughter, It is too late for this Court. This Court is devoid of jurisdiction to review its own order on conviction and sentence before the Court of Appeal pronounces itself on the matter.
2. Accordingly, this Petition is found to be devoid of merit. It is hereby dismissed.
3. Orders accordingly
Dated, Signed and Delivered at Siaya this 10th day of December, 2019.
R.E. ABURILI
JUDGE