[2024] KEHC 16148 (KLR)
The High Court held that it was functus officio, having already rendered a decision on the applicant's conviction and sentence, and having previously dismissed a similar application for review. The court found that the applicant's repeated applications for review, without appealing to the Court of Appeal, amounted...
Source-derived case information.
- Citation
- [2024] KEHC 16148 (KLR)
- Parties
- Applicant: Nelson Ochieng Okiri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 124 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- DK Kemei
- Legal Topics
- Murder Conviction, Sentence Review, Functus Officio, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nelson Ochieng Okiri
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the High Court can review its own sentence after having already rendered a decision on the same matter.
- 2 Whether the application constitutes an abuse of court process given previous applications and the doctrine of functus officio.
Ratio Decidendi
The High Court held that it was functus officio, having already rendered a decision on the applicant's conviction and sentence, and having previously dismissed a similar application for review. The court found that the applicant's repeated applications for review, without appealing to the Court of Appeal, amounted to an abuse of the court process. The court emphasized that its jurisdiction to review was exhausted and that the applicant's only recourse was to appeal to the Court of Appeal. Accordingly, the application was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application dated 15/10/2024 is dismissed for lack of merit.
Full Case Text
Judgment text and source record
21 paragraphs
Okiri v Republic (Miscellaneous Criminal Application 124 of 2024) [2024] KEHC 16148 (KLR) (20 December 2024) (Ruling)
Neutral citation: [2024] KEHC 16148 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 124 of 2024
DK Kemei, J
December 20, 2024
Between
Nelson Ochieng Okiri
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Nelson Ochieng Okiri was convicted and sentenced to serve 15 years’ imprisonment for the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code vide the judgment of this court in Siaya High Court Cr. Case No. E030/2021dated 7/11/2022.
2. The Applicant being dissatisfied with the decision of this court, he lodged an application against the conviction and sentence vide Siaya Misc. Application No. E017 of 2023 of which was dismissed for lack of merit as he had been given a lesser and lenient sentence by Aburili- J on 28/2/2023. The learned Judge held that this court is functus officio as it had already rendered a decision on the said matter.
3. It is not in dispute that the Applicant being aggrieved with the outcome of the decision of this court, did not lodge an appeal against conviction and sentence to the Court of Appeal. No reason has been given as to why he has not exercised his rights.
4. The Applicant is now back vide this application Misc. Criminal Application No. 124 of 2024 seeking a further review of his sentence.
5. I have considered the Applicant’s Notice of motion and affidavit in support. I must point out that this court having already rendered a decision on the matter, it became functus officio. He had filed another Misc Application No. E017 OF 2023 which was dismissed by Aburili J on 28/2/2023 for lacking in merit. It is clear that the present application is clearly an abuse of the court process and is devoid of merit as this court is already functus officio. The Applicant ought to move to the highest court namely the Court of Appeal if aggrieved by the orders of this court. The Applicant must stop playing lottery with the court as this cannot be countenanced. He should pursue his grievances with the Court of Appeal for redress.
6. I find the application dated 15/10/2024 devoid of merit. The same is hereby dismissed.
DATED AND DELIVERED AT SIAYA THIS 20TH DAY OF DECEMBER, 2024. D. KEMEIJUDGEIn the presence of:N/A…………………………..ApplicantMocha………………….for RespondentOgendo………………….Court Assistant