[2024] KEHC 12044 (KLR)
The High Court held that it is functus officio in this matter, having already delivered its judgment and sentence in the original trial. Since the applicant has filed an appeal to the Court of Appeal, the High Court lacks jurisdiction to entertain the resentencing application. The proper forum for any further relief...
Source-derived case information.
- Citation
- [2024] KEHC 12044 (KLR)
- Parties
- Applicant: Samson Limakori; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E004 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Resentencing Application; Original Conviction for Murder; Appeal Pending in Court of Appeal
- Outcome
- Application dismissed. File closed.
- Judges
- RPV Wendoh
- Legal Topics
- Murder Sentencing, Functus Officio, Resentencing Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Limakori
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Resentencing Application; Original Conviction for Murder; Appeal Pending in Court of Appeal
Legal Issues
- 1 Whether the High Court has jurisdiction to resentence the applicant while an appeal is pending in the Court of Appeal.
- 2 Whether the High Court is functus officio after delivering its judgment and sentence.
Ratio Decidendi
The High Court held that it is functus officio in this matter, having already delivered its judgment and sentence in the original trial. Since the applicant has filed an appeal to the Court of Appeal, the High Court lacks jurisdiction to entertain the resentencing application. The proper forum for any further relief is the Court of Appeal, where the appeal is pending. The application for resentencing is therefore dismissed for want of jurisdiction.
Court Disposition
Application dismissed. File closed.
Orders
- The application for resentencing is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Limakori v Republic (Miscellaneous Criminal Application E004 of 2024) [2024] KEHC 12044 (KLR) (24 September 2024) (Ruling)
Neutral citation: [2024] KEHC 12044 (KLR)
Republic of Kenya
In the High Court at Kapenguria
Miscellaneous Criminal Application E004 of 2024
RPV Wendoh, J
September 24, 2024
(from the original High Court CR. C No. 19 of 2015)
Between
Samson Limakori
Petitioner
and
Republic
Respondent
Ruling
1. The applicant was sentenced to twenty-five (25) years imprisonment for the offence of Murder contrary to section 203 of the Penal Code.
2. He is now applying for resentence in the same court. He has filed an Appeal to the Court of Appeal which is still pending.
3. This court is functus officio on this matter. The applicant is before the wrong court and should pursue his appeal in Court of Appeal.
4Application dismissed.
5File Closed.
DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 24TH DAY OF SEPTEMBER, 2024. R. WENDOHJUDGEDelivered in the presence of:In person- Appellant.Mr. Majale for the State.Court Assistants – Juma/Hellen