[2019] KEHC 5527 (KLR)
The High Court dismissed the petition for resentencing on the basis that the Court of Appeal had already exercised its jurisdiction to resentence the petitioner, reducing his sentence from death to twenty years' imprisonment. The court held that it has no jurisdiction to review or interfere with the judgment or...
Source-derived case information.
- Citation
- [2019] KEHC 5527 (KLR)
- Parties
- Appellant: John Wangira Orjama; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 30 of 2019
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition dismissed
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Murder Conviction, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
John Wangira Orjama
Appellant
Republic
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the High Court has jurisdiction to resentence the petitioner after the Court of Appeal has already resentenced him.
- 2 Whether the petition for resentencing is merited in light of the Court of Appeal's prior decision.
Ratio Decidendi
The High Court dismissed the petition for resentencing on the basis that the Court of Appeal had already exercised its jurisdiction to resentence the petitioner, reducing his sentence from death to twenty years' imprisonment. The court held that it has no jurisdiction to review or interfere with the judgment or orders of the Court of Appeal, especially where the appellate court applied the relevant principles as established in the Francis Karioko Muruatetu case. The petition was therefore found to be without merit and dismissed accordingly.
Court Disposition
petition dismissed
Orders
- The petition for resentencing is dismissed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CONSTITUTIONAL PETITION NO. 30 OF 2019
(CORAM: HON. R.E. ABURILI - J)
JOHN WANGIRA ORJAMA...................................PETITIONER
VERSUS
REPUBLIC..............................................................RESPONDENT
(A Petition for resentencing from original conviction and sentence in Judgment
in Busia HCRC No. 2 of 2007 AND CACRA No. 33 of 2014)
JUDGMENT
1. The Petitioner John Wangira Orjama was convicted and sentenced to death by Hon. Mbogholi Msagha J on 15th July 2019, for the offences of Murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. He appealed to the Court of Appeal vide CRA 33/2014 but the appeal was determined on 28th March 2019 by G.M. Githinji, Hannah Okwengu and J Mojammed JJA wherein in his CRA 33/2014, the appeal against conviction was dismissed but the appellate court reduced his sentence from death to twenty years imprisonment to be calculated from 15/7/2019.
3. The Appellant has now come to court for resentencing. Regrettably, the Court of Appeal has already resentenced the Petitioner as by law established, applying the principles in the Francis Karioko Muruatetu case Pet 15 and 16 of 2015. That being the case, this court has no jurisdiction to review a judgment of the Court of Appeal which was based on current judicial pronouncements.
3. In the premises, this petition is found to be without merit and the same is hereby dismissed.
Dated, signed and Delivered at Siaya, this 22nd Day of July 2019.
R.E. ABURILI
JUDGE
In the presence of:
The Petitioner in Person
Mr. Okachi, Senior Principal Prosecution Counsel for the State
Court Assistants: Brenda and Modestar