[2024] KEHC 2400 (KLR)
The High Court held that having already convicted and sentenced the applicant for murder, it is functus officio and cannot grant further relief in the same matter. The applicant's remedy, if aggrieved by the conviction or sentence, is to file an appeal before the Court of Appeal. The application was therefore...
Source-derived case information.
- Citation
- [2024] KEHC 2400 (KLR)
- Parties
- Applicant: Orlando Kirgotty; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E007 of 2024
- Procedural Posture
- Criminal Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- RB Ngetich
- Legal Topics
- Murder Conviction, Sentencing, Appeal Rights
- 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
Orlando Kirgotty
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to relief from conviction and sentence by this court.
- 2 Whether the proper forum for challenging the conviction and sentence is the Court of Appeal.
Ratio Decidendi
The High Court held that having already convicted and sentenced the applicant for murder, it is functus officio and cannot grant further relief in the same matter. The applicant's remedy, if aggrieved by the conviction or sentence, is to file an appeal before the Court of Appeal. The application was therefore dismissed as the High Court lacks jurisdiction to entertain the matter further after judgment and sentencing.
Court Disposition
application dismissed
Orders
- The application is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
Kirgotty v Republic (Criminal Miscellaneous Application E007 of 2024) [2024] KEHC 2400 (KLR) (4 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2400 (KLR)
Republic of Kenya
In the High Court at Kabarnet
Criminal Miscellaneous Application E007 of 2024
RB Ngetich, J
March 4, 2024
Between
Orlando Kirgotty
Applicant
and
Republic
Respondent
Ruling
1. This court heard and determined murder hearing against the applicant.
2. This court convicted and sentenced applicant to 25 years imprisonment. If the applicant is aggrieved by the determination of this court, he should file appeal before court of appeal.
3. This application is therefore dismissed.
RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KABARNET THIS 4TH DAY OF MARCH 2024. ……………………RACHEL NGETICHJUDGEIn the presence of:* Applicant present.* Ms Ratemo for State.* Kibet – Court Assistant.