[2022] KEHC 16826 (KLR)
The High Court lacks jurisdiction to entertain a resentencing application where the applicant has already been resentenced by the same court and has a pending appeal before the Court of Appeal. Entertaining such an application would amount to the court sitting on appeal over its own decision and potentially...
Source-derived case information.
- Citation
- [2022] KEHC 16826 (KLR)
- Parties
- Applicant: Anthony Odhiambo Olando; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E079 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Resentencing
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Revision Jurisdiction, Pending Appeal, Double Jeopardy
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Odhiambo Olando
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the High Court can resentence an applicant who has already been resentenced and whose appeal is pending before the Court of Appeal.
- 2 Whether the application for resentencing is merited in the circumstances.
Ratio Decidendi
The High Court lacks jurisdiction to entertain a resentencing application where the applicant has already been resentenced by the same court and has a pending appeal before the Court of Appeal. Entertaining such an application would amount to the court sitting on appeal over its own decision and potentially resentencing a convict twice, which is impermissible. The absence of evidence that the appeal has been concluded further deprives the court of jurisdiction to consider the application. Accordingly, the application for resentencing is without merit and must be declined.
Court Disposition
application dismissed
Orders
- The application for resentencing is declined.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Olando v Republic (Miscellaneous Criminal Application E079 of 2022) [2022] KEHC 16826 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16826 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E079 of 2022
RE Aburili, J
December 20, 2022
Between
Anthony Odhiambo Olando
Applicant
and
Republic
Respondent
Ruling
1. From the applicant’s chamber summons and affidavit, his appeals were filed before Court of Appeal. He has not attached any proceedings or judgment from the Court of Appeal to indicate that his appeal was concluded.
2. This court cannot revise sentence in a matter where it resentenced the applicant and he has an appeal pending before the Court of Appeal. It can also not resentence a convict twice.
3. The application for resentencing is found to be devoid of any merit and is hereby declined.
4. File closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE