[2023] KEHC 24322 (KLR)
The High Court at Kisumu lacks geographical jurisdiction to entertain the resentencing application, as the conviction and sentence originated from the Homabay High Court. Only the trial court that convicted and sentenced the applicant has the authority to consider a resentencing application. Consequently, the matter...
Source-derived case information.
- Citation
- [2023] KEHC 24322 (KLR)
- Parties
- Applicant: Sunday Olise Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E019 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application closed for want of jurisdiction; file to be transferred to Homabay High Court.
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Jurisdiction of Court, Transfer of Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Sunday Olise Otieno
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court at Kisumu has jurisdiction to entertain the applicant's resentencing application.
- 2 Whether the application for resentencing should be heard by the trial court.
Ratio Decidendi
The High Court at Kisumu lacks geographical jurisdiction to entertain the resentencing application, as the conviction and sentence originated from the Homabay High Court. Only the trial court that convicted and sentenced the applicant has the authority to consider a resentencing application. Consequently, the matter must be transferred to the appropriate court for consideration.
Court Disposition
Application closed for want of jurisdiction; file to be transferred to Homabay High Court.
Orders
- The file is closed for want of jurisdiction.
- The file is to be transferred to Homabay High Court for consideration.
Full Case Text
Judgment text and source record
21 paragraphs
Otieno v Republic (Criminal Revision E019 of 2023) [2023] KEHC 24322 (KLR) (27 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24322 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E019 of 2023
RE Aburili, J
October 27, 2023
Between
Sunday Olise Otieno
Applicant
and
Republic
Respondent
(From the original conviction and sentence in High Court Criminal Case No. 22 of 2014 at Homabay)
Ruling
1. From the application herein filed by Sunday Olise Otieno, it is clear that he was convicted and sentenced to death vide Homabay HCCRC No. 22 of 2014.
2. This application is for resentencing. It is only the trial court that has the power to resentence a convict.
3. As this court has no Geographical jurisdiction to entertain this matter, I hereby close this file and direct that the file be transferred to Homabay High Court for consideration.
4. The convict who is serving sentence at Shimo La Tewa prison to be notified through prisons authorities.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27THDAY OF OCTOBER, 2023R. E. ABURILIJUDGE