[2023] KEHC 24029 (KLR)
The High Court held that it lacked jurisdiction to revisit or alter the applicant's sentence because the sentence had already been confirmed by a judge of concurrent jurisdiction in a previous appeal. The court declared itself functus officio, meaning it had exhausted its mandate regarding the matter and could not...
Source-derived case information.
- Citation
- [2023] KEHC 24029 (KLR)
- Parties
- Applicant: Charles Omukhunya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E037 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- PJO Otieno
- Legal Topics
- Sentencing Jurisdiction, Functus Officio, Sentence Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Omukhunya
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to revisit or alter a sentence already confirmed by a judge of concurrent jurisdiction.
- 2 Whether the principle of functus officio applies to the present application.
Ratio Decidendi
The High Court held that it lacked jurisdiction to revisit or alter the applicant's sentence because the sentence had already been confirmed by a judge of concurrent jurisdiction in a previous appeal. The court declared itself functus officio, meaning it had exhausted its mandate regarding the matter and could not reopen or reconsider the sentence. As a result, the application for sentence tampering was dismissed, and the court ordered the file closed.
Court Disposition
application dismissed
Orders
- The court declares itself functus officio and declines jurisdiction to revisit the sentence.
- The court file is to be closed.
Full Case Text
Judgment text and source record
18 paragraphs
Omukhunya v Republic (Miscellaneous Criminal Application E037 of 2023) [2023] KEHC 24029 (KLR) (24 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24029 (KLR)
Republic of Kenya
In the High Court at Kakamega
Miscellaneous Criminal Application E037 of 2023
PJO Otieno, J
October 24, 2023
Between
Charles Omukhunya
Applicant
and
Republic
Respondent
Ruling
1. The Applicant seeks that the Court tampers with his sentence to serve fifteen (15) years imprisonment imposed by the trial Court on 3. 9.2018 and confirmed by the High Court in HCCR. Appeal No. 134/2018 by a Judgment dated 26. 9.2019.
2. The question of the length of sentence having been subjected to the decision by a Judge of concurrent jurisdiction, this Court has no jurisdiction to revisit the same and declares itself functus officio.
3. Let the Court file be closed.
DATED, SIGNED AND DELIVERED AT KAKAMEGA, THIS 24TH DAY OF OCTOBER 2023. PATRICK J. O. OTIENOJUDGE