[2022] KEHC 13843 (KLR)
The High Court at Siaya lacks jurisdiction to entertain the application for resentencing because it neither handled the original trial nor the subsequent appeal. The proper courts to consider such an application are the Kisumu High Court, which heard the appeal, or the Bondo Principal Magistrate's Court, which...
Source-derived case information.
- Citation
- [2022] KEHC 13843 (KLR)
- Parties
- Applicant: Philip Odhiambo Owino; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E111 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Resentencing
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Resentencing Application, Jurisdiction of Court, Sexual Offences, Appellate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Odhiambo Owino
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the High Court at Siaya has jurisdiction to entertain an application for resentencing arising from a conviction and sentence delivered by the Bondo Principal Magistrate's Court and previously appealed at Kisumu High Court.
Ratio Decidendi
The High Court at Siaya lacks jurisdiction to entertain the application for resentencing because it neither handled the original trial nor the subsequent appeal. The proper courts to consider such an application are the Kisumu High Court, which heard the appeal, or the Bondo Principal Magistrate's Court, which conducted the trial. The applicant must approach the appropriate forum for any resentencing relief. Accordingly, the application is dismissed for want of jurisdiction.
Court Disposition
application dismissed
Orders
- The application for resentencing is dismissed.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Owino v Republic (Miscellaneous Criminal Application E111 of 2022) [2022] KEHC 13843 (KLR) (5 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13843 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E111 of 2022
RE Aburili, J
October 5, 2022
Between
Philip Odhiambo Owino
Applicant
and
Republic
Respondent
(Being an Application arising from Judgment, conviction and sentence in Senior Resident Magistrate’s in Bondo Sexual Offence Case No. 1041 of 2007 AND Kisumu HCCRA No. 25 of 2009)
Ruling
1. The applicant seeks for resentencing in a matter whose proceedings were conducted in Bondo PM’S Court So No 1041/2007 And Kisumu Hcra 25/2009. That was before Siaya High Court was established. This is not the court that handled the appeal and it cannot call for an appeal file from Kisumu High Court. The applicant should seek for resentencing from Kisumu High Court or Bondo PM’s court.
2. This application is dismissed.
3. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 5TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE