[2025] KEHC 2024 (KLR)
The High Court held that it lacked jurisdiction to entertain the application for further review of sentence because the issue had already been determined by a court of concurrent jurisdiction (Gichohi J) in Misc. Criminal Application Nos. E168 and E171 of 2023. The court found itself functus officio, meaning it had...
Source-derived case information.
- Citation
- [2025] KEHC 2024 (KLR)
- Parties
- Applicant: Fredrick Odhiambo Odhiambo; Applicant: Jumanne Lolusu Mollel; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case E115 of 2024
- Procedural Posture
- Miscellaneous Criminal Case / Application for Further Review of Sentence After Prior Review and Appellate Proceedings
- Outcome
- application struck out; file closed
- Judges
- HI Ong'udi
- Legal Topics
- Robbery With Violence, Sentence Review, Functus Officio, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Odhiambo Odhiambo
Applicant
Jumanne Lolusu Mollel
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Case / Application for Further Review of Sentence After Prior Review and Appellate Proceedings
Legal Issues
- 1 Whether the High Court has jurisdiction to review a sentence already reviewed by a court of concurrent jurisdiction.
- 2 Whether the application for further review constitutes an abuse of the court process.
Ratio Decidendi
The High Court held that it lacked jurisdiction to entertain the application for further review of sentence because the issue had already been determined by a court of concurrent jurisdiction (Gichohi J) in Misc. Criminal Application Nos. E168 and E171 of 2023. The court found itself functus officio, meaning it had exhausted its mandate regarding the matter and could not revisit or alter the decision already rendered. Entertaining the application would amount to an abuse of the court process. Consequently, the application was struck out and the file closed.
Court Disposition
application struck out; file closed
Orders
- The application by both applicants is struck out.
- The file is hereby closed.
Full Case Text
Judgment text and source record
25 paragraphs
Odhiambo & another v Republic (Miscellaneous Criminal Case E115 of 2024) [2025] KEHC 2024 (KLR) (19 February 2025) (Ruling)
Neutral citation: [2025] KEHC 2024 (KLR)
Republic of Kenya
In the High Court at Nakuru
Miscellaneous Criminal Case E115 of 2024
HI Ong'udi, J
February 19, 2025
Between
Fredrick Odhiambo Odhiambo
1st Applicant
Jumanne Lolusu Mollel
2nd Applicant
and
Republic
Respondent
Ruling
1. Fredrick Odhiambo Odhiambo (1st applicant) and Jumanne Lolusu Mollel (2nd applicant) were convicted of the offence of robbery with violence in Narok Senior Principal Magistrate’s Court Criminal Case No. 982 of 2013 and sentenced to death on 17th January, 2014.
2. They filed Nakuru High Court Criminal Appeals Nos. 35 of 2014 and 36 of 2014 respectively which were consolidated with HCRA No. 35 of 2014 as the lead file. A Judgment was delivered by Ongeri and Kiarie JJ on 21st July, 2015 in which the appeal was dismissed in its entirety.
3. The applicants moved to the Court of Appeal Nakuru vide Criminal Appeal No. 91 of 2015 which was heard and a Judgment delivered on 2nd June, 2023 dismissing the Appeal for lack of merit. The Court of Appeal upheld the conviction and the death sentence.
4. The applicants then filed Misc. Criminal Applications Nos 168 and 171 of 2023 seeking review of sentence. The applications were consolidated and heard by Gichohi J who in her ruling delivered on 11th June, 2024 reviewed the death sentence and sentenced each of them to 35 years with effect from 3rd August, 2013.
5. In their present application they are seeking for a further review.
6. The application was opposed by the respondent through its counsel M/s Okok, who termed it an abuse of the court process.
7. It is not disputed that Gichohi J (Nakuru High Court No. 4) handled an application on review of sentence in Misc. Criminal Application No. E168 of 2023 as consolidated with No. E171 of 2023 and a decision was made. Nakuru High Court No. 4 has similar jurisdiction with this court and I cannot therefore review her decision on the same issue. This court is therefore functus officio and the application by both applicants is struck out. File is hereby closed.
Orders accordingly
DELIVERED, VIRTUALLY, DATED AND SIGNED THIS 19TH DAY OF FEBRUARY, 2025 IN OPEN COURT AT NAKURU.H. I. ONG’UDIJUDGE