[2022] KEHC 2744 (KLR)
The High Court lacks jurisdiction to entertain an application for re-sentencing where the applicant has already appealed to the Court of Appeal and the appellate court has rendered a decision on the sentence. The doctrine of functus officio applies, rendering the High Court without power to revisit the sentence. The...
Source-derived case information.
- Citation
- [2022] KEHC 2744 (KLR)
- Parties
- Applicant: Godfrey Maina Muiruri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E320 of 2020
- Procedural Posture
- Criminal Application / Ruling on Application for Re Sentencing
- Outcome
- application dismissed for lack of jurisdiction
- Judges
- GL Nzioka
- Legal Topics
- Re Sentencing, Mandatory Death Sentence, Jurisdiction, Functus Officio
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Godfrey Maina Muiruri
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Re Sentencing
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain an application for re-sentencing after the Court of Appeal has rendered a decision on the sentence.
- 2 Whether the applicant is entitled to re-sentencing in light of the Supreme Court decision in Muruatetu.
Ratio Decidendi
The High Court lacks jurisdiction to entertain an application for re-sentencing where the applicant has already appealed to the Court of Appeal and the appellate court has rendered a decision on the sentence. The doctrine of functus officio applies, rendering the High Court without power to revisit the sentence. The applicant's recourse, if any, lies with the Supreme Court. The court also noted that the Court of Appeal was aware of the Muruatetu decision at the time of its judgment and could have addressed it. Therefore, the application for re-sentencing is dismissed for want of jurisdiction.
Court Disposition
application dismissed for lack of jurisdiction
Orders
- The application for re-sentencing is dismissed.
- The court declines to entertain the application due to lack of jurisdiction.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
HIGH COURT CRIMINAL APPLICATION NO. E320 OF 2020
GODFREY MAINA MUIRURI...............APPLICANT
VERSUS
REPUBLIC...........................................RESPONDENT
RULING
1. I have considered the application herein filed on 7th December, 2020. The applicant is seeking for re-sentencing, following his conviction and sentence vide; HCCRC No. 71 of 2010. He was sentenced to suffer death. He now relies on the decision in Muruatetu’s case wherein the Supreme Court of Kenya declared the mandatory death sentence as unconstitutional. In that regard, the applicant is in order, in seeking for re-sentencing. However, as I went through the trial court record, I noted that, the applicant apparently filed an appeal being an appeal No. 69 of 2017. The appeal was heard and dismissed in its entirety on the 5th day of June, 2020, by Hon. Judges: Asike Makadia, F. Sichale and J. Mohammed(JJAS). The applicant having invoked the appellate jurisdiction of the Court of Appeal, and the Court of Appeal having rendered itself on the sentence, this court has become functus officio and has no jurisdiction to entertain the matter. The applicant’s recourse lies to the Supreme Court. It is noteworthy that, when the Court of Appeal rendered its decision, it was aware of Muruatetu’s decision and nothing was easier than it addressing itself on the same. In that regard, I find no good reason to order for the hearing of this matter inter-parties as the issues herein, are pure issues of law, on jurisdiction.
2. In conclusion I find that, the subject application herein has no merit, and I accordingly dismiss it and/or decline to entertain it due to lack of jurisdiction.
DATED, DELIVERED VIRTUALLY AND SIGNED ON THIS 25TH DAY OF JANUARY 2022.
GRACE L. NZIOKA
JUDGE
25TH JANUARY 2022
In the presence of;
Applicant in person
Ms Chege for the Respondent
Edwin Ombuna – Court Assistant