[2020] KEHC 1518 (KLR)
The High Court found that it had already determined the applicant's appeal and a subsequent miscellaneous application, rendering it functus officio. As such, it lacked jurisdiction to entertain the present application for re-trial and resentencing. The court emphasized that any further redress should be sought from...
Source-derived case information.
- Citation
- [2020] KEHC 1518 (KLR)
- Parties
- Applicant: Muthui Mwangangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 113 of 2019
- Procedural Posture
- Criminal Application / Ruling on Application for Re Trial and Resentencing
- Outcome
- application dismissed
- Judges
- BC Koech
- Legal Topics
- Resentencing, Functus Officio, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muthui Mwangangi
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Re Trial and Resentencing
Legal Issues
- 1 Whether the High Court has jurisdiction to grant a re-trial for purposes of resentencing after the appeal process has been exhausted.
- 2 Whether the doctrine of functus officio bars the court from entertaining the application.
Ratio Decidendi
The High Court found that it had already determined the applicant's appeal and a subsequent miscellaneous application, rendering it functus officio. As such, it lacked jurisdiction to entertain the present application for re-trial and resentencing. The court emphasized that any further redress should be sought from the appellate court, in accordance with the hierarchy of courts and the doctrine of functus officio. The application was therefore dismissed for want of merit.
Court Disposition
application dismissed
Orders
- The applicant's application filed on 31.7.2019 is dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
Coram: D. K. Kemei - J
CRIMINAL APPLICATION 113 OF 2019
MUTHUI MWANGANGI...............................................................................APPLICANT
VERSUS
REPUBLIC....................................................................................................RESPONDENT
RULING
1. The Applicant vide his application filed on 31. 7.2019 is seeking a re-trial for purposes of resentencing in line with the case of Francis Karioko Muruatetu & Another v R (2017) eKLR.
2. The issue for determination is whether the court may grant the order sought.
3. I note from the record that the applicant had appealed to this court against the decision of the trial court, which appeal was dismissed by Makhandia J (as he then was) on 5. 10. 2012. He lodged an appeal to the Court of Appeal which was dismissed on 18. 7.2014 He later filed a miscellaneous application to this court which application was dismissed in view of the functus officio doctrine. In view of the foregone, I associate myself with the finding of this court earlier made in the Misc. Application No. 17 of 2018 that dismissed the application on grounds of the functus officio doctrine. This court having determined the appeal and the subsequent application is now functus officio. Due to the hierarchy of courts this court now does not have jurisdiction to entertain the matter. The applicant should approach the appellate court for redress.
4. In the result, it is my finding that the applicant’s application filed on 31. 7.2019 lacks merit. The same is dismissed.
It is so ordered.
Dated and delivered at Machakos this 26th day of November, 2020.
D. K. Kemei
Judge