[2020] KEHC 7685 (KLR)
The High Court held that it was functus officio, having already determined the applicant's appeal against conviction and sentence for robbery with violence. Since the applicant did not appeal the High Court's judgment, the court lacked jurisdiction to entertain a petition for resentencing. The principle of functus...
Source-derived case information.
- Citation
- [2020] KEHC 7685 (KLR)
- Parties
- Applicant: Jared Ouma Omollo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 51 of 2019
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition dismissed
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Resentencing, Jurisdiction, Functus Officio
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jared Ouma Omollo
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the High Court has jurisdiction to review or resentence after its own judgment has been delivered and not appealed.
- 2 Whether the principle of functus officio applies to bar the court from entertaining the petitioner's application for resentencing.
Ratio Decidendi
The High Court held that it was functus officio, having already determined the applicant's appeal against conviction and sentence for robbery with violence. Since the applicant did not appeal the High Court's judgment, the court lacked jurisdiction to entertain a petition for resentencing. The principle of functus officio barred the court from reviewing its own final decision, and no legal basis existed for reopening the matter. Consequently, the petition for resentencing was found to be misplaced and was dismissed for want of jurisdiction.
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
CONSTITUTIONAL PETITION NO. 51 OF 2019
(CORAM: R. E. ABURILI - J.)
JARED OUMA OMOLLO…..…….…….………………………APPLICANT
VERSUS
REPUBLIC………………………………………….…………... RESPONDENT
(Being a Petition for Resentencing from Siaya PM’s Court, Criminal Case No. 46 of 2006 and Kisumu HC CRA NO. 70 of 2006)
JUDGMENT
1. The petitioner Jared Ouma Omollo was convicted of the offence of Robbery with violence contrary to section 296(2) of the Penal Code. His petition reveals that he was sentenced to death by Siaya SRM’s Court. He appealed vide Kisumu High Court Criminal Appeal No. 70 of 2006 which appeal was dismissed. There is no evidence that he appealed against that judgment of the High Court. Which still stands.
2. As the judgment of this court (Kisumu High Court) a court of concurrent jurisdiction dismissing the appellant’s appeal has not been challenged, this court is a functus officio.
3. It has no jurisdiction to review its own judgment on sentence.
4. The Petition is found to be misplaced and dismissed.
5. File closed.
Dated, signed and delivered at Siaya, this 18th day of February, 2020.
R.E. ABURILI
JUDGE
In the presence of:
Jared Ouma Omollo, Applicant
Mr. Okachi, Senior Principal Prosecution Counsel for Respondent
Court Assistants: Brenda Achieng and Modestar Mutiemani