[2025] KEHC 9830 (KLR)
The court determined that it lacked territorial jurisdiction to entertain the application for review of sentence because the conviction and sentence were imposed by the High Court at Milimani. Jurisdiction over such matters is vested in the court that made the original determination. As a result, the application was...
Source-derived case information.
- Citation
- [2025] KEHC 9830 (KLR)
- Parties
- Applicant: Erick Omondi Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E103 of 2025
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application struck out for lack of territorial jurisdiction
- Judges
- DR Kavedza
- Legal Topics
- Murder Offence, Sentence Review, Territorial Jurisdiction
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Omondi Otieno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the High Court at Kibera has territorial jurisdiction to review the sentence imposed by the High Court at Milimani.
- 2 Whether the application for review of sentence is properly before this court.
Ratio Decidendi
The court determined that it lacked territorial jurisdiction to entertain the application for review of sentence because the conviction and sentence were imposed by the High Court at Milimani. Jurisdiction over such matters is vested in the court that made the original determination. As a result, the application was not properly before the High Court at Kibera and could not be entertained or determined on its merits. The application was therefore struck out for want of jurisdiction.
Court Disposition
application struck out for lack of territorial jurisdiction
Orders
- The application is struck out.
Full Case Text
Judgment text and source record
20 paragraphs
Otieno v Republic (Miscellaneous Criminal Application E103 of 2025) [2025] KEHC 9830 (KLR) (8 July 2025) (Ruling)
Neutral citation: [2025] KEHC 9830 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E103 of 2025
DR Kavedza, J
July 8, 2025
Between
Erick Omondi Otieno
Applicant
and
Republic
Respondent
Ruling
1. The applicant filed the notice of motion dated 19th May 2025. The applicant sough a review of the sentence imposed by the trial court.
2. Upon considering the application, the supporting affidavit, and the relevant law, it is apparent that the applicant was charged and convicted before the High Court at Milimani in Criminal Case No. 34 of 2017 for the offence of murder.
3. The court vested with jurisdiction over this subject matter is Milimani High Court. Consequently, I decline to grant the orders sought for lack of territorial jurisdiction.
4. The petition is consequently struck out.
Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 8THDAY OF JULY 2025. ________________D. KAVEDZAJUDGE