[2023] KEHC 24325 (KLR)
The Kisumu High Court lacks jurisdiction to entertain an application arising from a conviction and sentence imposed by the Bondo Principal Magistrate's Court, as the supervisory jurisdiction lies with the Siaya High Court. Furthermore, the law does not permit a court to order sentences imposed by two different...
Source-derived case information.
- Citation
- [2023] KEHC 24325 (KLR)
- Parties
- Applicant: Bob Ogolla Misango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E047 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Concurrent Sentences, Jurisdiction of High Court
- 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
Bob Ogolla Misango
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the Kisumu High Court has jurisdiction to consider the applicant's request arising from a conviction by the Bondo Principal Magistrate's Court.
- 2 Whether two sentences imposed by two different courts can be ordered to run concurrently.
Ratio Decidendi
The Kisumu High Court lacks jurisdiction to entertain an application arising from a conviction and sentence imposed by the Bondo Principal Magistrate's Court, as the supervisory jurisdiction lies with the Siaya High Court. Furthermore, the law does not permit a court to order sentences imposed by two different courts to run concurrently. The application is therefore dismissed for want of jurisdiction and for being legally untenable.
Court Disposition
application dismissed
Orders
- The application dated July 12, 2023 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Misango v Republic (Miscellaneous Criminal Application E047 of 2023) [2023] KEHC 24325 (KLR) (26 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24325 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E047 of 2023
RE Aburili, J
October 26, 2023
Between
Bob Ogolla Misango
Applicant
and
Republic
Respondent
(Arising from Bondo Principal Magistrate Criminal Case No. 533 of 2003. )
Ruling
1. I have considered the application dated September 7, 2023 by Bob Ogolla Misango who was convicted and sentenced vide Bondo Principal Magistrate Criminal Case No. 533 of 2003.
2. As the court that convicted him is in a different jurisdiction from Kisumu High Court’s supervisory Jurisdiction, this application cannot be considered by Kisumu High Court.
3. The Convict is at liberty to apply before Siaya High Court to consider his application which is not clear, noting that a court of law cannot combine two sentences imposed by two different courts to run concurrently.
4. The application dated July 12, 2023 is dismissed.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE