[2022] KEHC 16784 (KLR)
The High Court declined to resentence the petitioner because the original file and the matter are now before the Court of Appeal, and the High Court is functus officio. The court held that it cannot entertain or determine a resentencing petition in a matter that is actively pending before the appellate court, as it...
Source-derived case information.
- Citation
- [2022] KEHC 16784 (KLR)
- Parties
- Appellant: Daniel Okoth Martin; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E014 of 2022
- Procedural Posture
- Criminal Petition / Ruling on Resentencing Petition; Appeal Pending Before Court of Appeal
- Outcome
- petition for resentencing dismissed; file closed
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Appellate Jurisdiction, Pending Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Okoth Martin
Appellant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Resentencing Petition; Appeal Pending Before Court of Appeal
Legal Issues
- 1 Whether the High Court can resentence the petitioner while an appeal is pending before the Court of Appeal.
Ratio Decidendi
The High Court declined to resentence the petitioner because the original file and the matter are now before the Court of Appeal, and the High Court is functus officio. The court held that it cannot entertain or determine a resentencing petition in a matter that is actively pending before the appellate court, as it lacks jurisdiction to do so once the appeal has been filed and the file transmitted.
Court Disposition
petition for resentencing dismissed; file closed
Orders
- The petition for resentencing is declined and dismissed.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Martin v Republic (Criminal Petition E014 of 2022) [2022] KEHC 16784 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16784 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Petition E014 of 2022
RE Aburili, J
December 20, 2022
Between
Daniel Okoth Martin
Petitioner
and
Republic
Respondent
(Originating from HCRA 13/2017)
Ruling
1. The petitioner filed an appeal to the Court of Appeal challenging judgment delivered in HCRA 13/2017 and the original file was forwarded to the Court of Appeal.
2. Accordingly, this court cannot resentence him in a matter which is pending before the Court of Appeal.
3. The petition for resentencing is declined and dismissed.
4. File closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE