[2021] KEHC 6146 (KLR)
The High Court found that it lacked jurisdiction to hear and determine the petition because the issues raised had already been addressed and determined in the petitioner’s earlier appeal. Entertaining the petition would amount to re-litigating matters that had been conclusively settled, thereby constituting an abuse...
Source-derived case information.
- Citation
- [2021] KEHC 6146 (KLR)
- Parties
- Appellant: Isaiah Odhiambo Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Petition E024 of 2021
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition dismissed for want of jurisdiction and abuse of process
- Judges
- RPV Wendoh
- Legal Topics
- Jurisdiction of High Court, Abuse of Court Process, Defilement Offence, Post Conviction Petitions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaiah Odhiambo Otieno
Appellant
Republic
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain the petition after the matter was determined on appeal.
- 2 Whether the petition constitutes an abuse of the court process.
Ratio Decidendi
The High Court found that it lacked jurisdiction to hear and determine the petition because the issues raised had already been addressed and determined in the petitioner’s earlier appeal. Entertaining the petition would amount to re-litigating matters that had been conclusively settled, thereby constituting an abuse of the court process. The court emphasized that jurisdiction is fundamental and, in its absence, the court must decline to proceed. Consequently, the petition was dismissed for want of jurisdiction and for being an abuse of process.
Court Disposition
petition dismissed for want of jurisdiction and abuse of process
Orders
- The petition is dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MIGORI
PETITION NO. E024 OF 2021
ISAIAH ODHIAMBO OTIENO................................................................PETITIONER
VERSUS
REPUBLIC...............................................................................................RESPONDENT
JUDGEMENT
The petitioner, Isaiah Odhiambo Otienois absent. I have seen his petition brought under Article 22, 23, 25, 27, (1) (2) 4 and 50(2) 159 and 165 (3) of the Constitution and Section 333(2) of the Criminal Procedure Code.
The appellant had been convicted for the offence of defilement under Section 8(1)(2) of the Sexual Offence Act. He appealed against that judgment in HCCA No. 23 of 2017. J Mrima rendered his judgment on 4th October, 2018.
The issues raised in the petition should have been raised in the appeal.
This court has no jurisdiction to hear and determine the petition. The Petition is an abuse of the court process and a waste of the court’s precious time.
It is hereby dismissed.
DATED, SIGNED and DELIVERED at MIGORI this 17th day of June, 2021
R. WENDOH
JUDGE
Judgment delivered in the presence of
Absent Petitioner in person.
Mr. Kimanthi for the Republic.
Nyauke Court Assistant