[2019] KEHC 6249 (KLR)
The High Court determined that it had no jurisdiction to review or resentence the petitioner because the Court of Appeal had already resentenced him in accordance with the principles established in the Francis Muruatetu decision. The resentencing by the Court of Appeal was final, and the High Court could not sit on...
Source-derived case information.
- Citation
- [2019] KEHC 6249 (KLR)
- Parties
- Petitioner: George Oduor Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Petition 15 of 2019
- Procedural Posture
- Constitutional Petition / Ruling on Petition for Resentencing/review
- Outcome
- petition dismissed
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Resentencing, Jurisdiction of High Court, Application of Supreme Court Precedent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Oduor Otieno
Petitioner
Republic
Respondent
Procedural Posture
Constitutional Petition / Ruling on Petition for Resentencing/review
Legal Issues
- 1 Whether the High Court has jurisdiction to review or resentence the petitioner after the Court of Appeal has already resentenced him following the Francis Muruatetu decision.
Ratio Decidendi
The High Court determined that it had no jurisdiction to review or resentence the petitioner because the Court of Appeal had already resentenced him in accordance with the principles established in the Francis Muruatetu decision. The resentencing by the Court of Appeal was final, and the High Court could not sit on appeal or review over a superior court's decision. Therefore, the petition was found to be without merit and was dismissed.
Court Disposition
petition dismissed
Orders
- The petition is dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
PETITION NO. 15 OF 2019
(CORAM: R. E. ABURILI - J.)
GEORGE ODUOR OTIENO.....................PETITIONER
VERSUS
REPUBLIC...................................…….…RESPONDENT
RULING
1. The Petitioner GEORGE ODUOR OTIENO was convicted and sentenced to suffer death by the trial court in Bondo PM Cr. Case No. 100/2008 for the offence of robbery with violence contrary to section 296(2) of the Penal Code. He appealed to the High Court vide HCCr. Appeal No. 112 and 113/2009 which appeal was dismissed. He appealed further to the Court of Appeal in CRA 21/2014 which appeal was allowed in part, of Sentence reduction only.
2. The Court of Appeal resentenced the Petitioner to serve 25 years in prison on 24/1/2019, thereby reducing the death sentence to prison term.
3. The Court of Appeal in resentencing the Petitioner must have taken into account the principles laid down in theFrancis Muruatetu & Others V SC Pet. Nos 15 and 16 2015.
4. That being the case, and as the resentencing of the Appellant was done after the Francis Muruatetu decision, this court has no jurisdiction to review the decision of the Court of Appeal.
5. Accordingly, I find this petition not well founded. I proceed to dismiss it. File closed.
Orders accordingly.
Dated, Signed and Delivered in open court at Siaya this 3rd Day of June 2019.
R.E. ABURILI
JUDGE
In the Presence of:
Mr. Okachi, SPPC for State
Court Assistants: Brenda and Modestar
Petitioner (present in person)