[2021] KEHC 6508 (KLR)
The court determined that, although all Divisions of the High Court possess equal constitutional jurisdiction, the interests of fairness and judicial consistency require that the application for resentencing be heard by the same court that handled the appeal. Therefore, the matter should be transferred to the High...
Source-derived case information.
- Citation
- [2021] KEHC 6508 (KLR)
- Parties
- Applicant: Patrick Muma Isaiah; Applicant: Stephen Wafula Kuriati; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E021 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Transfer of Resentencing Application
- Outcome
- Application for transfer of resentencing petition granted.
- Judges
- DO Ogembo
- Legal Topics
- Resentencing Application, Jurisdiction of High Court, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Muma Isaiah
Applicant
Stephen Wafula Kuriati
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Transfer of Resentencing Application
Legal Issues
- 1 Whether the application for resentencing should be heard by the same court that handled the appeal.
- 2 Whether the High Court at Nairobi has jurisdiction to hear the resentencing application.
Ratio Decidendi
The court determined that, although all Divisions of the High Court possess equal constitutional jurisdiction, the interests of fairness and judicial consistency require that the application for resentencing be heard by the same court that handled the appeal. Therefore, the matter should be transferred to the High Court at Kiambu, which previously dealt with the applicants' appeal. The Deputy Registrar is directed to facilitate the transfer process.
Court Disposition
Application for transfer of resentencing petition granted.
Orders
- Petition No. 177/2020 (E021/2021) is transferred for hearing before the High Court, Kiambu.
- The Deputy Registrar is ordered to facilitate the process of transfer.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MISCELLANEOUS CRIMINAL APPLICATION NO. E021OF 2021
PATRICK MUMA ISAIAH.................................................................1ST APPLICANT
STEPHEN WAFULA KURIATI........................................................2ND APPLICANT
VERSUS
REPUBLIC..............................................................................................RESPONDENT
RULING
I have considered the submissions of the parties herein. This matter was originally filed at the Constitutional and Human Rights Division. The Hon. Justice A. C. Mrima referred this matter to this division in view of the prayers sought of resentencing. In the said ruling the Hon Judge noted that all the Divisions of the High Court have same Constitutional jurisdiction bestowed under Article 165 of the constitution.
I have noted that the appeal herein was handled at Kiambu High Court. It is only fair that this application (petition) for resentencing be heard by the same court.
I accordingly therefore order that this petition No. 177/2020 (E021/2021) be transferred for hearing before the High Court, Kiambu. The Deputy Registrar of this court is ordered to facilitate this process of transfer.
Orders accordingly.
D. O. OGEMBO
JUDGE
8. 6.2021.
Court:
Ruling read out in court (online) in presence both applicant and Mr. Kiragu for the state.
D. O. OGEMBO
JUDGE
8. 6.2021.