[2020] KEHC 1629 (KLR)

[2020] KEHC 1629 (KLR)

The court held that since the petitioner had already filed and had his petition for resentencing determined and dismissed by the High Court at Busia, which is a court of concurrent jurisdiction with the High Court at Siaya, it would be improper for this court to entertain the same matter. The doctrine of concurrent...

Source-derived case information.

Citation
[2020] KEHC 1629 (KLR)
Parties
Applicant: Kennedy Wesonga Kwoba; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Constitutional Petition 44 of 2019
Procedural Posture
Constitutional Petition / Ruling
Outcome
petition dismissed
Judges
RE Aburili
Legal Topics
Concurrent Jurisdiction, Res Judicata, Petition Dismissal
Source Language
en
Constitutional Law Concurrent Jurisdiction Res Judicata Petition Dismissal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kennedy Wesonga Kwoba

Applicant

Republic

Respondent

Procedural Posture

Constitutional Petition / Ruling

Legal Issues

  1. 1 Whether the High Court at Siaya can entertain a petition previously determined by the High Court at Busia.
  2. 2 Whether the doctrine of concurrent jurisdiction bars the present petition.

Ratio Decidendi

The court held that since the petitioner had already filed and had his petition for resentencing determined and dismissed by the High Court at Busia, which is a court of concurrent jurisdiction with the High Court at Siaya, it would be improper for this court to entertain the same matter. The doctrine of concurrent jurisdiction precludes a court from revisiting a matter already determined by another court of equal status. Therefore, the petition was struck out and dismissed for want of jurisdiction and merit.

Court Disposition

petition dismissed

Orders

  • The petition is struck out and dismissed.
  • The file is hereby closed.