[2023] KEHC 24407 (KLR)
The High Court at Kisumu lacks geographical jurisdiction to hear and determine the applicant's resentencing application, as the original conviction and sentence were imposed by the Homabay High Court. Only the trial court that imposed the sentence has the authority to consider and determine an application for...
Source-derived case information.
- Citation
- [2023] KEHC 24407 (KLR)
- Parties
- Applicant: Benard Oliech Ooko; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E128 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Resentencing; Jurisdictional Determination
- Outcome
- Application transferred for want of jurisdiction; file closed at Kisumu High Court.
- Judges
- RE Aburili
- Legal Topics
- Murder Sentencing, Jurisdiction, Resentencing Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Oliech Ooko
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Resentencing; Jurisdictional Determination
Legal Issues
- 1 Whether the High Court at Kisumu has jurisdiction to entertain an application for resentencing arising from a conviction and sentence delivered by the Homabay High Court.
- 2 Whether the application for resentencing should be heard by the trial court or another court.
Ratio Decidendi
The High Court at Kisumu lacks geographical jurisdiction to hear and determine the applicant's resentencing application, as the original conviction and sentence were imposed by the Homabay High Court. Only the trial court that imposed the sentence has the authority to consider and determine an application for resentencing. Consequently, the application is transferred to the Homabay High Court for consideration, and the file at Kisumu is closed.
Court Disposition
Application transferred for want of jurisdiction; file closed at Kisumu High Court.
Orders
- The file is closed at Kisumu High Court.
- The application for resentencing is transferred to Homabay High Court for consideration.
Full Case Text
Judgment text and source record
26 paragraphs
Ooko v Republic (Criminal Revision E128 of 2023) [2023] KEHC 24407 (KLR) (27 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24407 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E128 of 2023
RE Aburili, J
October 27, 2023
Between
Benard Oliech Ooko
Applicant
and
Republic
Respondent
(From the original conviction and sentence in High Court Criminal Case No. 34 of 2012 at Homabay)
Ruling
1. I have considered the application for resentencing filed on 5th October 2023 by the convict Benard Oliech Ooko.
2. The convict was sentenced to death upon being convicted of the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code
3. This was vide Homabay High Court Criminal Case No. 34 of 2012 on 16th February 2015.
4. The death sentence was later reduced to twenty (20) years imprisonment vide Kisumu Court of Appeal Criminal Appeal No. 27 of 2015.
5. This was after the death sentence was commuted to life imprisonment.
6. Regrettably, albeit the convict has been in prison close to 18 years’ imprisonment, this court is not the appropriate court to hear and determine any matter arising from the criminal case at Homabay.
7. In other words, this court has no Geographical jurisdiction to entertain the application as filed.
8. Accordingly, this file is closed and transferred to Homabay High Court for consideration of the Convict’s application filed on 5th October 2023, as the application is for resentencing and it is only the trial court that has the power to resentence a convict.
9. The convict who is serving sentence at Shimo La Tewa prison to be notified through prisons authorities.
10. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27TH DAY OF OCTOBER, 2023. R. E. ABURILIJUDGE