[2025] KEHC 8798 (KLR)
The High Court held that it lacked jurisdiction to entertain the application for resentencing because the applicant's conviction and sentence had already been considered and dismissed by the Court of Appeal, which is a superior court. The principle of finality of appellate decisions and the hierarchy of courts...
Source-derived case information.
- Citation
- [2025] KEHC 8798 (KLR)
- Parties
- Applicant: Isaac Omondi Osewe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Judgment Date
- 20 June 2025
- Case Number
- Criminal Miscellaneous Application E069 of 2025
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Motion for Resentencing
- Outcome
- application struck out for want of jurisdiction
- Judges
- A Mabeya
- Legal Topics
- Robbery With Violence, Resentencing, Jurisdiction of High Court
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac Omondi Osewe
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Motion for Resentencing
Legal Issues
- 1 Whether the High Court has jurisdiction to resentence the applicant after the Court of Appeal has dismissed his appeal.
- 2 Whether the application for resentencing is properly before the High Court.
Ratio Decidendi
The High Court held that it lacked jurisdiction to entertain the application for resentencing because the applicant's conviction and sentence had already been considered and dismissed by the Court of Appeal, which is a superior court. The principle of finality of appellate decisions and the hierarchy of courts precluded the High Court from revisiting the matter. The application was therefore struck out for want of jurisdiction.
Court Disposition
application struck out for want of jurisdiction
Orders
- The application is struck out.
Full Case Text
Judgment text and source record
21 paragraphs
Osewe v Republic (Criminal Miscellaneous Application E069 of 2025) [2025] KEHC 8798 (KLR) (20 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8798 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Miscellaneous Application E069 of 2025
A Mabeya, J
June 20, 2025
Between
Isaac Omondi Osewe
Applicant
and
Republic
Respondent
Ruling
1. Isaac Omondi Osewe was charged with two offences of Robbery with violence contrary to section 296 (2) of the Penal Code. He was sentenced to death on both. The sentences were later commutted to life.
2. On 5/2/2025 the applicant took out a Motion on Notice under Articles 27, 28 and 50 (2) of the Constitution. He sought that he be resentenced.
3. The appellant had appealed against the conviction and sentence to this Court and the Court of Appeal but both appeals were declined. The High Court (Chemitei. J) dismissed his appeal on 23/3/2016 while the Court of Appeal dismissed his appeal on 7/10/2022.
4. I have considered the motion together with the supporting affidavit sworn on 5/2/2025. I have considered the provisions of the Constitution and the law cited in the Motion. I have considered that the applicant has had the Court of Appeal, which is superior to this court, consider his conviction and sentence.
5. Since the Court of Appeal has already dismissed the applicant’s case, this Court cannot seek to second guess that Court. There is no jurisdiction to do that.
6. In the premises, I hold that the Court has no jurisdiction and strikes out the application.It is so ordered.
DATED, AND DELIVERED AT KISUMU THIS 20TH DAY OF JUNE, 2025. A. MABEYA, FCI ArbJUDGE