[2021] KEHC 5324 (KLR)
The High Court determined that it had already addressed the applicant's request for resentencing in a previous ruling, where it directed the applicant to seek redress in the Court of Appeal. The court found that it was functus officio and therefore lacked jurisdiction to entertain the repeat application. As such,...
Source-derived case information.
- Citation
- [2021] KEHC 5324 (KLR)
- Parties
- Applicant: Peter Musyoka Harun; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E002 of 2021
- Procedural Posture
- Criminal Petition / Ruling on Application for Resentencing
- Outcome
- application dismissed
- Judges
- BC Koech
- Legal Topics
- Resentencing, Functus Officio, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Musyoka Harun
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain a repeat application for resentencing after a previous ruling directing the applicant to the Court of Appeal.
- 2 Whether the doctrine of functus officio bars the High Court from rehearing the application.
Ratio Decidendi
The High Court determined that it had already addressed the applicant's request for resentencing in a previous ruling, where it directed the applicant to seek redress in the Court of Appeal. The court found that it was functus officio and therefore lacked jurisdiction to entertain the repeat application. As such, the application was dismissed for want of merit, and the applicant was again advised to approach the Court of Appeal for any further relief.
Court Disposition
application dismissed
Orders
- The application filed on 12.01.2021 is dismissed for want of merit.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
Coram: Hon. D. K. Kemei - J
CRIMINAL PETITION E002 OF 2021
PETER MUSYOKA HARUN...APPLICANT
-VERSUS-
REPUBLIC...........................PROSECUTOR
RULING
1. The Applicant PETER MUSYOKA HARUN vide application filed on 12th January, 2021 repeated his earlier Notice of Motion filed on 24. 4.2019 and yet again sought a resentence hearing.
2. The state opposed the application and submitted that this court is functus officio hence the application should be directed to the Court of Appeal.
3. I have considered the application. Having addressed myself to the same application vide ruling rendered on 23rd November, 2020 where the applicant was directed to approach the Court of Appeal, I see no need to repeat myself. The applicant should heed the advice given vide the ruling rendered in Hccr Misc. No. 68 of 3019 by seeking redress in the Court of Appeal.
4. The application filed on 12. 01. 2021 is hereby dismissed for want of merit.
It is so ordered.
DATED AND DELIVERED AT MACHAKOS THIS 8TH DAY OF JULY, 2021
D. K. KEMEI
JUDGE