[2024] KEHC 5799 (KLR)
The High Court held that it lacks jurisdiction to review or alter a sentence that has already been considered and reduced by another judge of equal jurisdiction on appeal. The doctrine of functus officio applies, meaning that once a court has rendered its decision, it cannot revisit or revise that decision except as...
Source-derived case information.
- Citation
- [2024] KEHC 5799 (KLR)
- Parties
- Applicant: Michael Ogaro Obiye; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E022 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Review After Appeal
- Outcome
- application dismissed
- Judges
- HI Ong'udi
- Legal Topics
- Sentence Review, Robbery With Violence, Jurisdiction of High Court, Probation Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Ogaro Obiye
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Review After Appeal
Legal Issues
- 1 Whether the High Court has jurisdiction to review its own decision on sentence after an appeal has been determined by a judge of equal jurisdiction.
- 2 Whether the applicant is entitled to a probation sentence for the remainder of his term after the sentence was already reduced on appeal.
Ratio Decidendi
The High Court held that it lacks jurisdiction to review or alter a sentence that has already been considered and reduced by another judge of equal jurisdiction on appeal. The doctrine of functus officio applies, meaning that once a court has rendered its decision, it cannot revisit or revise that decision except as provided by law. Since the applicant's appeal was already determined and the sentence reduced, any further challenge must be directed to the Court of Appeal, not by way of a fresh application before the High Court. The application for sentence review and probation was therefore dismissed for want of jurisdiction.
Court Disposition
application dismissed
Orders
- The application filed on 26/02/2024 is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
Obiye v Republic (Miscellaneous Criminal Application E022 of 2024) [2024] KEHC 5799 (KLR) (17 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5799 (KLR)
Republic of Kenya
In the High Court at Nakuru
Miscellaneous Criminal Application E022 of 2024
HI Ong'udi, J
May 17, 2024
Between
Michael Ogaro Obiye
Applicant
and
Republic
Respondent
Ruling
1. Michael Ogaro Obiye the applicant is Convict No. NAK/1644/ 022/LS having been convicted vide Molo CM’s Court Criminal Case No. E3042/2021 for the offence of Robbery with Violence contrary to section 297(2) of the Penal Code. Upon conviction on 30/08/2022 he was sentenced to twenty-five (25) years imprisonment.
2. Together with his co-accused Edwin Getanda Gikenyi they filed Nakuru High Court Criminal Appeal No. E058 of 2022 which was heard and a Judgment rendered by Justice Chemitei on 14/06/2023. In the Judgment the court upheld the conviction but reduced the sentence from twenty-five (25) years to seven (7) years imprisonment.
3. The Applicant through the undated notice of motion filed on 26/02/2024 wants this court to review the sentence and place him on probation, for the remaining period of his sentence. His main ground for this is that he is now a reformed person.
4. The application was argued orally, with the applicant requesting for a probation sentence in order to go and serve the public as he provides for his children.
5. The application was opposed by M/s Okok for the prosecution. Her submission was that the Appeal by the applicant having been heard and determined by a Judge of equal jurisdiction, this court lacks the jurisdiction to hear the application.
6. The record is clear on what has transpired in this matter. An appeal over the matter has already been heard, determined and sentence reduced by the High Court. That being the case, this court with similar jurisdiction cannot review that decision.
7. Since the applicant is not satisfied with the High court decision he should now move to the Court of Appeal. I therefore in the circumstances dismiss the application filed on 26/02/2024.
8. Orders accordingly
DELIVERED, DATED AND SIGNED THIS 17TH DAY OF MAY, 2024 IN OPEN COURT AT NAKURU.H. I. ONG’UDIJUDGE