[2022] KEHC 16722 (KLR)
The High Court lacks jurisdiction to review a sentence when an appeal is pending before the Court of Appeal. Once an appeal has been filed and is pending determination in a higher court, the lower court becomes functus officio and cannot entertain any further applications relating to the conviction or sentence. The...
Source-derived case information.
- Citation
- [2022] KEHC 16722 (KLR)
- Parties
- Applicant: Julius Ojwang Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E135 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review Application Pending Appeal
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Incest Offence, Sentence Review, Jurisdiction on Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Ojwang Otieno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Application Pending Appeal
Legal Issues
- 1 Does the High Court have jurisdiction to review a sentence when an appeal is pending before the Court of Appeal?
Ratio Decidendi
The High Court lacks jurisdiction to review a sentence when an appeal is pending before the Court of Appeal. Once an appeal has been filed and is pending determination in a higher court, the lower court becomes functus officio and cannot entertain any further applications relating to the conviction or sentence. The applicant's request for sentence review is therefore incompetent and must be dismissed for want of jurisdiction.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Otieno v Republic (Miscellaneous Criminal Application E135 of 2022) [2022] KEHC 16722 (KLR) (19 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16722 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E135 of 2022
RE Aburili, J
December 19, 2022
Between
Julius Ojwang Otieno
Applicant
and
Republic
Respondent
(Being an Application for sentence review arising from conviction and sentence in Siaya PM SO Case No. 450/2015 by Hon. H. Wandere, Principal Magistrate on 14. 7.2015 and in Siaya HCCRA No. 24 of 2015 by Hon. J.A. Makau J on 28. 4.2016)
Ruling
1. The applicant was convicted of the offence of incest and sentenced to serve life imprisonment vide Siaya PM SO No 450/2015. He appealed to this court vide HCRA 24/2015 which was heard and dismissed by Makau J on 28/4/2016. He later appealed to the Court of Appeal and this court forwarded the original court file and records to Kisumu Court of Appeal on February 14, 2022.
2. He now wants this court to review his sentence. This court has no jurisdiction to entertain this application where an appeal is pending before the Court of Appeal.
3. The application is dismissed.
4. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 19TH DAY OF DECEMBER, 2022. R.E. ABURILIJUDGE