[2022] KEHC 15715 (KLR)
The High Court lacks jurisdiction to entertain a resentencing application where the Court of Appeal has already determined the sentence and ordered the applicant's release. Entertaining such an application would create a conflict between the decisions of the High Court and the Court of Appeal. The applicant failed...
Source-derived case information.
- Citation
- [2022] KEHC 15715 (KLR)
- Parties
- Applicant: Jackline Liyema Mukoto; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E007 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Resentencing
- Outcome
- Application for resentencing dismissed as overtaken by events.
- Judges
- PJO Otieno
- Legal Topics
- Resentencing, Appellate Jurisdiction, Sentence Computation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackline Liyema Mukoto
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the High Court can entertain a resentencing application after the Court of Appeal has already determined the sentence and ordered release.
- 2 Whether an applicant must demonstrate exhaustion of appellate avenues and exhibit appellate decisions when seeking resentencing.
Ratio Decidendi
The High Court lacks jurisdiction to entertain a resentencing application where the Court of Appeal has already determined the sentence and ordered the applicant's release. Entertaining such an application would create a conflict between the decisions of the High Court and the Court of Appeal. The applicant failed to bring the outcome of the appeal to the attention of the court, and the application is therefore overtaken by events. The court directs that any future applications for resentencing must be accompanied by evidence that all appellate avenues have been exhausted and that the relevant appellate decisions are exhibited.
Court Disposition
Application for resentencing dismissed as overtaken by events.
Orders
- The application for resentencing is dismissed as overtaken by events.
- The court file is to be closed.
Full Case Text
Judgment text and source record
20 paragraphs
Mukoto v Republic (Miscellaneous Criminal Application E007 of 2022) [2022] KEHC 15715 (KLR) (24 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15715 (KLR)
Republic of Kenya
In the High Court at Kakamega
Miscellaneous Criminal Application E007 of 2022
PJO Otieno, J
November 24, 2022
Between
Jackline Liyema Mukoto
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and convicted before the High Court in Kakamega and sentenced to serve a jail term of 50 years. She appealed to the Court of Appeal which allowed the appeal and reduced the sentence to the period already served. The Court of Appeal held1:-1Mukoto –vs- Republic [2022] KECA 706 (KLR)“The appellant was remorseful. She committed the killing after overnight prayers at a church. It is not clear why she would want to kill her own child. Her defence suggests that she committed the offence when under some spell and was oblivious of her action or its gravity. Considering all these circumstances and that she has been incarcerated since July 1, 2013, we hereby allow her appeal on sentence and reduce the same to the period already served.The appellant shall be released forthwith unless held for some other lawful reason.”
2. The application before me for resentencing is clearly oblivious of the decision by the Court of Appeal. It seeks to have an order that her jail term, which is already terminated by the decision of the Court of Appeal, computed with regard to the period served while undergoing trial.
3. It is clear as the court that when the matter was before court on September 21, 2022, the outcome of the appeal was not brought to the attention of the court just like the applicant never exhibited to court that outcome.
4. That is a situation that portends an embarrassing conflict between decisions by this court and those by the Court of Appeal. It is therefore the direction of the court that whenever there be filed an application for resentencing, there must be demonstration that the applicant has exhausted his appellate avenues and decisions of such appellate court exhibited.
5. Be it as it is, the application for resentencing is overtaken by events. Let the court file be closed.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 24TH DAY OF NOVEMBER 2022. PATRICK J. O. OTIENOJUDGEIn the presence of:No appearance for the ApplicantMs. Chala for the RespondentCourt Assistant: Polycap Mukabwa