[2022] KEHC 14439 (KLR)
The court held that the petition was premature because the outcome of the petitioner's appeal to the Court of Appeal had not been provided. Without the appellate court's decision or the relevant proceedings, the High Court could not properly assess the merits of the petition. The court emphasized that it is...
Source-derived case information.
- Citation
- [2022] KEHC 14439 (KLR)
- Parties
- Applicant: Lucas Owino Odalo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E015 of 2021
- Procedural Posture
- Criminal Petition / Judgment
- Outcome
- petition struck out as premature
- Judges
- RE Aburili
- Legal Topics
- Murder Conviction, Premature Petition, Appellate Review Pending
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucas Owino Odalo
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Judgment
Legal Issues
- 1 Whether the petition is merited in the absence of the outcome of the appeal to the Court of Appeal.
- 2 Whether the High Court can entertain a petition when appellate proceedings are pending.
Ratio Decidendi
The court held that the petition was premature because the outcome of the petitioner's appeal to the Court of Appeal had not been provided. Without the appellate court's decision or the relevant proceedings, the High Court could not properly assess the merits of the petition. The court emphasized that it is necessary for a petitioner to await the conclusion of appellate proceedings before filing a fresh petition challenging the conviction or sentence. Accordingly, the petition was struck out as not merited at this stage, with liberty to file a fresh petition after the appeal's outcome is known.
Court Disposition
petition struck out as premature
Orders
- The petition is struck out as premature.
- The petitioner may file a fresh petition after obtaining the outcome of his appeal from the Court of Appeal.
Full Case Text
Judgment text and source record
21 paragraphs
Odalo v Republic (Criminal Petition E015 of 2021) [2022] KEHC 14439 (KLR) (27 October 2022) (Judgment)
Neutral citation: [2022] KEHC 14439 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Petition E015 of 2021
RE Aburili, J
October 27, 2022
Between
Lucas Owino Odalo
Petitioner
and
Republic
Respondent
(Petition against Kisumu HCR 12/2008 judgment delivered on 24/6/2016 by H.K Chemitei, J)
Judgment
1. This petition was filed on 10/2/2021 by the petitioner convict Lucas Owino Odalo. He was convicted and sentenced to death vide Kisumu HCR 12/2008 vide judgment delivered on 24/6/2016 by H.K Chemitei, J. for the offence of murder contrary to section 203 as read with section 204 of the penal Code.
2. From the proceedings in this file, the Petitioner appealed to the Court of Appeal whose outcome has not been availed to this court. Only judgment in the murder trial is available and no proceedings have been filed for the court to appreciate circumstances of the case and what the appellate court has stated on the merits of the appeal.
3. I find this petition not merited at this stage. It is premature and is therefore struck out. The petitioner may file a fresh petition after getting the outcome of his appeal from the Court of Appeal.
4. Accordingly, this appeal is stuck out.
5. This file is closed. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27THDAY OF OCTOBER, 2022R.E. ABURILIJUDGE