[2024] KEHC 5297 (KLR)
The court held that it lacks jurisdiction to review its own judgment after conviction and sentence have been passed, particularly where the petitioner has already filed a notice of appeal to the Court of Appeal. The proper course for the petitioner is to trace and pursue his appeal before the Court of Appeal, as the...
Source-derived case information.
- Citation
- [2024] KEHC 5297 (KLR)
- Parties
- Appellant: Erick Ochieng Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E011 of 2024
- Procedural Posture
- Criminal Petition / Ruling on Application to Review Conviction and Sentence
- Outcome
- Application struck out; file closed.
- Judges
- RE Aburili
- Legal Topics
- Appeals Process, Review of Conviction, Death Sentence, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Ochieng Omondi
Appellant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Application to Review Conviction and Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to review its own judgment after conviction and sentence have been passed and an appeal is pending or has been filed.
- 2 Whether the petitioner's application for review is properly before the court.
Ratio Decidendi
The court held that it lacks jurisdiction to review its own judgment after conviction and sentence have been passed, particularly where the petitioner has already filed a notice of appeal to the Court of Appeal. The proper course for the petitioner is to trace and pursue his appeal before the Court of Appeal, as the High Court cannot revisit or review its own final decisions in criminal matters once appellate proceedings have been initiated. Accordingly, the application for review was struck out for want of jurisdiction.
Court Disposition
Application struck out; file closed.
Orders
- The application dated 15th March 2024 is struck out.
- This file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
Omondi v Republic (Criminal Petition E011 of 2024) [2024] KEHC 5297 (KLR) (20 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5297 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Petition E011 of 2024
RE Aburili, J
May 20, 2024
Between
Erick Ochieng Omondi
Petitioner
and
Republic
Respondent
Ruling
(From original conviction and sentence by Hon. Justice D. S. Majanja delivered on 23rd May 2017 in High Court Criminal Case No. 37 of 2011 at Kisumu) 1. The Petitioner was convicted and sentenced to death on 23rd May 2017 and from his address to the court, he appealed to the Court of Appeal although he claims that he did not receive any response.
2. The Petitioner to trace a copy of his Notice of Appeal to the Court of Appeal and pursue his appeal to the end as this court cannot sit on its own judgment and review the decision of the court of competent jurisdiction.
3. In the premises, I decline to hear the merits of the application dated 15th March 2024 and strike it out.
4. This file is closed.
Dated, Signed and Delivered at Kisumu this 20th Day of May, 2024R. E. ABURILIJUDGE