[2024] KEHC 7271 (KLR)
The court held that it had already delivered a ruling on the applicant's petition and was therefore functus officio. The applicant had also exhausted all available avenues for appeal and review, including proceedings before the High Court and the Court of Appeal. As such, the court lacked jurisdiction to entertain...
Source-derived case information.
- Citation
- [2024] KEHC 7271 (KLR)
- Parties
- Applicant: Michael Angara Paul; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E126 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for resentencing dismissed; file marked as closed.
- Judges
- MS Shariff
- Legal Topics
- Resentencing, Functus Officio, Exhaustion of Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Angara Paul
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court can entertain a resentencing application after having already delivered a ruling on the applicant's petition.
- 2 Whether the court is functus officio in the matter.
Ratio Decidendi
The court held that it had already delivered a ruling on the applicant's petition and was therefore functus officio. The applicant had also exhausted all available avenues for appeal and review, including proceedings before the High Court and the Court of Appeal. As such, the court lacked jurisdiction to entertain the application for resentencing, and the matter was marked as closed.
Court Disposition
Application for resentencing dismissed; file marked as closed.
Orders
- The court is functus officio and cannot entertain the application for resentencing.
- The file is marked as closed.
Full Case Text
Judgment text and source record
18 paragraphs
Paul v Republic (Criminal Revision E126 of 2023) [2024] KEHC 7271 (KLR) (31 January 2024) (Ruling)
Neutral citation: [2024] KEHC 7271 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E126 of 2023
MS Shariff, J
January 31, 2024
Between
Michael Angara Paul
Applicant
and
Republic
Respondent
Ruling
1. On 27th October, 2023 I delivered a ruling on the Applicant’s petition. The letter herein seeking resentencing is dated 27. 9.2023 which date preceeded the ruling date.
2. The Applicant’s petition was duly considered and ruled on wherefore this court is functus officio.
3. Further, I note that the Applicant has exhausted all avenues; High Court in CR A No. 151 of 2015, Court of Appeal in CA CRA No. 194 of 2016, Petition No. E034 of 2022 and Petition No. E054 of 2021. This file is marked as closed.
DELIVERED, DATED, SIGNED AT KISUMU THIS 31ST DAY OF JANUARY, 2024. MWANAISHA S. SHARIFFJUDGE