[2019] KEHC 2749 (KLR)
The High Court lacks jurisdiction to review or resentence a petitioner where the impugned judgment was rendered by another judge of concurrent jurisdiction. Entertaining such a petition would amount to the court sitting on its own appeal, which is impermissible. Furthermore, there is no evidence that the...
Source-derived case information.
- Citation
- [2019] KEHC 2749 (KLR)
- Parties
- Appellant: Julius Shikuku Murono; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 6 of 2019
- Procedural Posture
- Constitutional Petition / Ruling on Resentencing Application
- Outcome
- petition struck out for want of jurisdiction
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Mandatory Death Sentence, Jurisdiction of High Court, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Shikuku Murono
Appellant
Republic
Respondent
Procedural Posture
Constitutional Petition / Ruling on Resentencing Application
Legal Issues
- 1 Whether the High Court has jurisdiction to resentence the petitioner following his conviction for murder where the original sentence was imposed by another High Court judge.
- 2 Whether the petitioner's sentence of death is unconstitutional in light of the Supreme Court decision in Francis Karioko Muruatetu v Republic.
Ratio Decidendi
The High Court lacks jurisdiction to review or resentence a petitioner where the impugned judgment was rendered by another judge of concurrent jurisdiction. Entertaining such a petition would amount to the court sitting on its own appeal, which is impermissible. Furthermore, there is no evidence that the petitioner's appeal to the Court of Appeal was withdrawn or conclusively determined, and the trial court record has not been resubmitted. Therefore, the petition for resentencing is struck out for want of jurisdiction.
Court Disposition
petition struck out for want of jurisdiction
Orders
- The petition is struck out for want of jurisdiction.
- This file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CONSTITUTIONAL PETITION NO. 6 OF 2019
(CORAM: HON. R.E. ABURILI - J)
JULIUS SHIKUKU MURONO......PETITIONER
VERSUS
REPUBLIC ...................................RESPONDENT
RULING
1. This petition seeks for resentencing of the petitioner following his conviction for murder in Siaya High Court Criminal Case No 31 of 2015 Republic Versus Julius Shikuku Murono and Bernard Okutoyi Murono, on the ground that the petitioner was sentenced to death for the offence of murder by this court (Hon J.A. Makau J.) on 30th January 2017, which sentence, according to the petitioner, was unconstitutional as espoused in the Francis Karioko Muruatetu v Republic SC Pet 15 &16 of 2015.
2. The petitioner and his brother co accused/convict Bernard Okutoyi Murono appealed to the Court of Appeal vide CA CR A No. 31 of 2017 and have been claiming that they withdrew the Appeal but there is no evidence of such withdrawal. The trial Court record has never been resubmitted to this court despite several reminders to the Registrar of the Court of Appeal
3. That notwithstanding, as the impugned judgment was rendered by this Court by (Hon. Makau J), this court has no jurisdiction to review the sentence imposed on the Petitioners as that would amount to sitting on its own appeal.
4. Accordingly, this petition is struck out for want of jurisdiction, and as there is no evidence from the Court of Appeal rejecting the petitioner’s appeal.
5. This file is closed
6. Orders accordingly.
Dated, signed and delivered this 6th Day of November 2019.
R.E. ABURILI
JUDGE
In the presence of:
Petitioner in person
Mr Okachi Senior Principal Prosecution Counsel for the State
CA: Winnie and Modestar