[2023] KEHC 3314 (KLR)
The High Court at Kisumu lacks jurisdiction to entertain the application for resentencing because the trial court (Rongo Principal Magistrate's Court) falls within the jurisdiction of the Migori High Court. The applicant is advised to file a fresh petition at the Migori High Court, which is the proper forum to...
Source-derived case information.
- Citation
- [2023] KEHC 3314 (KLR)
- Parties
- Applicant: Lucas Hura Masa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E069 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Resentencing
- Outcome
- application dismissed for want of jurisdiction
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Defilement, Remand Custody Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucas Hura Masa
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the High Court at Kisumu has jurisdiction to entertain the application for resentencing in respect of a conviction from Rongo Principal Magistrate's Court.
- 2 Whether the applicant is entitled to have time spent in remand custody considered in resentencing.
Ratio Decidendi
The High Court at Kisumu lacks jurisdiction to entertain the application for resentencing because the trial court (Rongo Principal Magistrate's Court) falls within the jurisdiction of the Migori High Court. The applicant is advised to file a fresh petition at the Migori High Court, which is the proper forum to consider the merits of his request for resentencing and credit for time spent in remand custody. The application before the Kisumu High Court is therefore dismissed as misdirected.
Court Disposition
application dismissed for want of jurisdiction
Orders
- The application is dismissed as misdirected.
- Order to be extracted and served.
Full Case Text
Judgment text and source record
22 paragraphs
Masa v Republic (Miscellaneous Criminal Application E069 of 2022) [2023] KEHC 3314 (KLR) (13 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3314 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E069 of 2022
RE Aburili, J
April 13, 2023
Between
Lucas Hura Masa
Applicant
and
Republic
Respondent
Ruling
1. The Applicant/Convict Lucas Hura Masa was convicted and sentenced to serve fifteen (15) years imprisonment in count 1 of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act and fined Kshs 10,000/= in default to serve three (3) months imprisonment for the offence of escaping from lawful custody.
2. The trial took place at Rongo Law Courts vide Rongo Principal Magistrate’s Court Criminal Case No 329 of 2014.
3. He seeks for resentencing to take into account one (1) year and four (4) months spent in remand custody.
4. As Rongo Principal Magistrate’s Court falls within the jurisdiction of Migori High Court, this court cannot call for the trial court record to confirm the allegations that the convict was held in custody pending trial. Whereas this matter could have been transferred to Migori High Court a while ago, it has taken so long for the matter to be considered.
5. In the premises, as the convict has another opportunity to file a fresh petition free of charge, at Migori High Court for consideration on its merits, I hereby find that the application herein was misdirected. It is hereby dismissed.
6. Order to be extracted and served.
7. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 13TH DAY OF APRIL, 2023R. E. ABURILIJUDGE