[2023] KEHC 2786 (KLR)
The court held that the petition for resentencing was improperly filed at the High Court in Kisumu, as the original trial, conviction, and sentence were conducted at the Homabay High Court. The proper forum for such a petition is the court that delivered the original sentence. Furthermore, the court emphasized that...
Source-derived case information.
- Citation
- [2023] KEHC 2786 (KLR)
- Parties
- Applicant: William Oyugi; Applicant: Tillen Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Petition E008 of 2022
- Procedural Posture
- Petition for Resentencing / Ruling on Jurisdiction and Propriety of Petition
- Outcome
- petition dismissed for want of jurisdiction and impropriety of forum
- Judges
- RE Aburili
- Legal Topics
- Resentencing Petitions, Jurisdiction of High Court, Death Sentence Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Oyugi
Applicant
Tillen Odhiambo
Applicant
Republic
Respondent
Procedural Posture
Petition for Resentencing / Ruling on Jurisdiction and Propriety of Petition
Legal Issues
- 1 Whether the High Court at Kisumu has jurisdiction to entertain a petition for resentencing where the original trial and conviction occurred at Homabay High Court.
- 2 Whether the High Court can review its own orders on sentence in criminal matters.
- 3 Whether the petition for resentencing is properly before the court.
Ratio Decidendi
The court held that the petition for resentencing was improperly filed at the High Court in Kisumu, as the original trial, conviction, and sentence were conducted at the Homabay High Court. The proper forum for such a petition is the court that delivered the original sentence. Furthermore, the court emphasized that the High Court cannot review its own sentencing orders except as provided by law, and there was no evidence that the petitioners had exhausted their appellate remedies or made full disclosure of the status of any appeal. As such, the petition was premature and filed in the wrong court, warranting its dismissal without prejudice to the petitioners' right to file before the...
Court Disposition
petition dismissed for want of jurisdiction and impropriety of forum
Orders
- The petition is dismissed.
- The petitioners are at liberty to file their petition before the right court with full disclosure of all facts.
Full Case Text
Judgment text and source record
28 paragraphs
Oyugi & another v Republic (Petition E008 of 2022) [2023] KEHC 2786 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2786 (KLR)
Republic of Kenya
In the High Court at Kisumu
Petition E008 of 2022
RE Aburili, J
March 24, 2023
Between
William Oyugi
1st Petitioner
Tillen Odhiambo
2nd Petitioner
and
Republic
Respondent
(From original Conviction and sentence in Criminal Case No 15 of 2012 in the High Court at Homabay and in Criminal Appeal No. 203 of 2014 in the Court of Appeal at Kisumu)
Ruling
1. This Petition for Resentencing by William Oyugi and Tillen Odhiambo was filed on August 11, 2022. The Petitioners appeared before the Deputy Registrar on August 16, 2022 and stated that the trial took place in Homabay. The Deputy Registrar observed that the matter falls within the jurisdiction of Homabay hence it was to be mentioned in High Court 2 for transfer to Homabay High Court on September 13, 2022.
2. On the latter date, the matter still went before the Deputy Registrar as it was a recess date and that is when she fixed it for mention on May 9, 2023, eight (8) months away.
3. I have perused the Petition. I find that the Petitioners were tried, convicted and sentenced to suffer death on October 6, 2014 by D S Majanja J vide Homabay High Court Criminal Case No 15 of 2012.
4. Any petition for resentencing has to be filed at Homabay High Court for consideration.
5. Nonetheless, the High Court cannot review its own orders on sentence. The Petitioners have not indicated whether they filed an appeal or not, and whether the appeal, if any to the Court of Appeal, has been heard and determined.
6. I find this Petition to be misplaced before this court. As there is no limitation of time for filing of such petition before the correct court, I find no reason to transfer a petition which is premature and filed in a wrong court. I dismiss the petition.
7. The Petitioners are at liberty to file their petition before the right court and make full disclosure of all facts in the matter.
8. Ruling to be typed and order/signal extracted forthwith.
9. I so order.
10. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF MARCH, 2023R. E. ABURILIJUDGE