[2022] KEHC 14384 (KLR)
The Siaya High Court lacks geographical jurisdiction to entertain a resentencing application for a conviction and sentence delivered by the Kisumu High Court. The application constitutes forum shopping, which is discouraged by the courts. Therefore, the application is struck out, and the applicant is advised to file...
Source-derived case information.
- Citation
- [2022] KEHC 14384 (KLR)
- Parties
- Applicant: Victor Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E017 of 2022
- Procedural Posture
- Criminal Petition / Application for Resentencing
- Outcome
- Application struck out for want of jurisdiction.
- Judges
- RE Aburili
- Legal Topics
- Murder Sentencing, Jurisdiction, Forum Shopping
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victor Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Application for Resentencing
Legal Issues
- 1 Whether the Siaya High Court has jurisdiction to entertain a resentencing application for a conviction and sentence delivered by the Kisumu High Court.
- 2 Whether the application for resentencing amounts to forum shopping.
Ratio Decidendi
The Siaya High Court lacks geographical jurisdiction to entertain a resentencing application for a conviction and sentence delivered by the Kisumu High Court. The application constitutes forum shopping, which is discouraged by the courts. Therefore, the application is struck out, and the applicant is advised to file the petition before the Kisumu High Court, which is the proper forum for such matters.
Court Disposition
Application struck out for want of jurisdiction.
Orders
- The application dated and filed on October 17, 2022 is hereby struck out.
- The applicant may file his petition before the Kisumu High Court.
Full Case Text
Judgment text and source record
20 paragraphs
Ochieng v Republic (Criminal Petition E017 of 2022) [2022] KEHC 14384 (KLR) (21 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14384 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Petition E017 of 2022
RE Aburili, J
October 21, 2022
Between
Victor Ochieng
Petitioner
and
Republic
Respondent
(Being an Application for Resentencing in Kisumu High Court Criminal Case No. 39 of 2014 by Hon. Justice D.S. Majanja J on 6/3/2017)
Ruling
1. I have considered the Petition for resentencing by the applicant/petition Victor Ochieng. The applicant was convicted of the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code and sentenced to death vide judgment and sentence perused by D.S. Majanja J on 6/3/2017. This was vide Kisumu High Court Criminal Case No. 39 of 2014. He has filed his plea for resentencing at Siaya High Court.
2. The application is misplaced as this court has no geographical jurisdiction to call for, receive and consider matters which ought to be filed before Kisumu High Court. The application is a forum shopping venture which must be discouraged.
3. The application dated and filed on October 17, 2022 is hereby struck out. He can file his petition before Kisumu High Court.
4. The file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 21STDAY OF OCTOBER, 2022R.E. ABURILIJUDGE