[2022] KEHC 14251 (KLR)
The High Court at Siaya lacks jurisdiction to entertain an application for resentencing where both the original trial and subsequent appeal were conducted in Kisumu courts. The proper forum for such an application is the Kisumu High Court, which heard the applicant's appeal. Entertaining the application in Siaya...
Source-derived case information.
- Citation
- [2022] KEHC 14251 (KLR)
- Parties
- Applicant: Belly Omondi Kefa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E133 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Resentencing
- Outcome
- application struck out for want of jurisdiction
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Jurisdiction, Forum Shopping
- 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
Belly Omondi Kefa
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the High Court at Siaya has jurisdiction to entertain an application for resentencing arising from a conviction and sentence delivered by the Kisumu Chief Magistrates Court and appealed at Kisumu High Court.
- 2 Whether the applicant is entitled to resentencing consideration under section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The High Court at Siaya lacks jurisdiction to entertain an application for resentencing where both the original trial and subsequent appeal were conducted in Kisumu courts. The proper forum for such an application is the Kisumu High Court, which heard the applicant's appeal. Entertaining the application in Siaya would amount to forum shopping and an abuse of the court's geographical jurisdiction. Consequently, the application is struck out for want of jurisdiction, with liberty to the applicant to file afresh before the appropriate court.
Court Disposition
application struck out for want of jurisdiction
Orders
- The application is struck out.
- The applicant is at liberty to file a fresh application before the Kisumu High Court.
Full Case Text
Judgment text and source record
21 paragraphs
Kefa v Republic (Miscellaneous Criminal Application E133 of 2022) [2022] KEHC 14251 (KLR) (14 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14251 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E133 of 2022
RE Aburili, J
October 14, 2022
Between
Belly Omondi Kefa
Applicant
and
Republic
Respondent
(Being an Application for resentencing arising from Judgment, conviction and sentence in the CM’s court at Kisumu in Criminal Case No. 67 of 2011 and in Kisumu HCRA No. 67/2011)
Ruling
1. I have considered the application dated October 4, 2022 seeking for consideration of the sentence imposed without considering the provisions of section 333(2) of the Criminal Procedure Code.
2. I observe that the appeal which was filed by the applicant herein was in Kisumu High Court, not Siaya High Court. In addition, the original court where he was tried was Kisumu Chief Magistrates Court not Siaya.
3. This court cannot call for a file from Kisumu High Court or lower court. The applicant should have filed his application in Kisumu High Court. Forum shopping cannot be allowed as it leads to abuse of geographical jurisdiction of courts. The applicant is at liberty to file a fresh application before Kisumu High Court which heard his Appeal No HCRA 67/2011.
4. This application is struck out.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 14TH DAY OF OCTOBER, 2022RE ABURILIJUDGE