[2023] KEHC 645 (KLR)
The High Court held that it had already rendered a final decision on the applicant's previous application for resentencing, which was susceptible to appeal. As such, the court is functus officio and lacks jurisdiction to entertain a subsequent application for the same relief. The doctrine of functus officio prevents...
Source-derived case information.
- Citation
- [2023] KEHC 645 (KLR)
- Parties
- Applicant: Abdullahi Osman Muhamed; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 149 of 2018
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Resentencing
- Outcome
- application struck out for want of jurisdiction
- Judges
- LN Mutende
- Legal Topics
- Resentencing, Jurisdiction, Functus Officio, Review of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdullahi Osman Muhamed
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain a second application for resentencing after a final decision has been rendered.
- 2 Whether the doctrine of functus officio applies to bar the court from revisiting its previous decision on resentencing.
Ratio Decidendi
The High Court held that it had already rendered a final decision on the applicant's previous application for resentencing, which was susceptible to appeal. As such, the court is functus officio and lacks jurisdiction to entertain a subsequent application for the same relief. The doctrine of functus officio prevents the court from revisiting or altering its previous final decision. Consequently, the application for resentencing was struck out for want of jurisdiction.
Court Disposition
application struck out for want of jurisdiction
Orders
- The application for resentencing is struck out.
Full Case Text
Judgment text and source record
21 paragraphs
Muhamed v Republic (Miscellaneous Criminal Application 149 of 2018) [2023] KEHC 645 (KLR) (Crim) (2 February 2023) (Ruling)
Neutral citation: [2023] KEHC 645 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Application 149 of 2018
LN Mutende, J
February 2, 2023
Between
Abdullahi Osman Muhamed
Applicant
and
Republic
Respondent
Ruling
1. Following the decision of Muruatetu v Republic [2017] eKLR, the applicant herein sought review before the High Court presided over by Kimaru J. (As he then was); in HCCR Revision No. 124 of 2018 (Abdullahi Osman Mohamed v Republic [2019] eKLR the court delivered itself thus:“The applicant states that he has learnt his lesson. He states that he was a misguided youth at the time who was influenced by his peers to commit the offence that he did. Although he is a first offender and has undertaken several courses in prison with a view to improving his rehabilitation, this court is not convinced that the Applicant is sufficiently reformed as not to pose a danger to society if he is released or have his custodial sentence revised on resentencing. It was apparent to the court that the Applicant will pose a danger to the society if his sentence is reviewed. This is one case where this court is of the opinion that the Applicant should serve the life imprisonment that was imposed upon him when the death sentence was commuted. The application for resentencing lacks merit and is hereby dismissed. It is so ordered.”
2. The applicant has approached this court for the second time with a view of being re-sentenced.
3. A final decision was rendered by this court that was susceptible to appeal. That final decision having been granted, this court is funtus officio. It does not have jurisdiction to determine the application before the court.
4. Consequently, the application is struck out.
5. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY ATNAIROBI, THIS 2ND DAY OF FEBRUARY, 2023. L. N. MUTENDEJUDGEIN THE PRESENCE OF:ApplicantMs. Adhiambo for DPPCourt Assistant – Mutai