[2019] KEHC 2777 (KLR)
The High Court at Siaya lacks jurisdiction to entertain a petition for revision of a sentence and conviction from Nyando Court, as Nyando does not fall within its territorial jurisdiction under the High Court Organization and Administration Act. Filing the petition at Siaya constitutes forum shopping. Consequently,...
Source-derived case information.
- Citation
- [2019] KEHC 2777 (KLR)
- Parties
- Petitioner: Joseph Onyango Owuor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 52 of 2019
- Procedural Posture
- Constitutional Petition / Ruling on Jurisdiction and Dismissal
- Outcome
- Petition dismissed for want of jurisdiction; file closed.
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of High Court, Forum Shopping, Transfer of Cases
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Onyango Owuor
Petitioner
Republic
Respondent
Procedural Posture
Constitutional Petition / Ruling on Jurisdiction and Dismissal
Legal Issues
- 1 Whether the High Court at Siaya has jurisdiction to entertain a petition for revision of a sentence and conviction from Nyando Court.
- 2 Whether the filing of the petition at Siaya constitutes forum shopping.
Ratio Decidendi
The High Court at Siaya lacks jurisdiction to entertain a petition for revision of a sentence and conviction from Nyando Court, as Nyando does not fall within its territorial jurisdiction under the High Court Organization and Administration Act. Filing the petition at Siaya constitutes forum shopping. Consequently, the petition is dismissed for want of jurisdiction.
Court Disposition
Petition dismissed for want of jurisdiction; file closed.
Orders
- The petition is rejected and dismissed.
- File closed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CONSTITUTION PETITION NO. 52 OF 2019
JOSEPH ONYANGO OWUOR.........................................PETITIONER
VERSUS
REPUBLIC.........................................................................RESPONDENT
(Being an application for revision of Sentence and Conviction
in Nyando Cr Case No. 736 of 2018. dated 10. 6.2005).
RULING
1. The Original trial Court is Nyando Court which is not within the jurisdiction of this Court as stipulated in the High Court Organization and Administration Act. Accordingly, this Petition which is filed here is intended to forum-shop.
2. The same is rejected and dismissed.
File closed.
Dated, Signed and Delivered this 6th Day of November, 2019.
R. E. ABURILI
JUDGE