[2024] KEHC 2666 (KLR)
The High Court lacks jurisdiction to entertain a resentencing application where the conviction and sentence have already been appealed and determined by the same court. The proper forum for any further challenge or relief is the Court of Appeal. The applicant's attempt to seek resentencing in the High Court is...
Source-derived case information.
- Citation
- [2024] KEHC 2666 (KLR)
- Parties
- Applicant: Ambrose Pirisi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 51 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Resentencing
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Defilement, Sexual Offences Act, Resentencing, Criminal Appeal Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ambrose Pirisi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain a resentencing application after conviction and sentence have been confirmed on appeal.
- 2 Whether the applicant should seek relief in the Court of Appeal rather than the High Court.
Ratio Decidendi
The High Court lacks jurisdiction to entertain a resentencing application where the conviction and sentence have already been appealed and determined by the same court. The proper forum for any further challenge or relief is the Court of Appeal. The applicant's attempt to seek resentencing in the High Court is therefore procedurally improper and must be dismissed. The court further directs that the applicant should not file any further applications without leave of court, to prevent abuse of process.
Court Disposition
application dismissed
Orders
- The application for resentencing is dismissed.
- The applicant is directed not to file any other application without leave of court.
Full Case Text
Judgment text and source record
17 paragraphs
Pirisi v Republic (Criminal Revision 51 of 2023) [2024] KEHC 2666 (KLR) (18 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2666 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 51 of 2023
DR Kavedza, J
March 18, 2024
Between
Ambrose Pirisi
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and convicted for the offence of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act, No. 3 of 2006. He was sentenced to serve 20 years imprisonment. He now seeks resentencing.
2. From the record, the applicant filed an appeal against his conviction and sentence which was heard and determined on 31st October 2017 by this court. In the circumstances, the right forum for the applicant is the Court of Appeal. As such, the application is dismissed. The applicant is directed not to file any other application without leave of court.Order accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 18TH DAY OF MARCH 2024. ......................D. KAVEDZAJUDGE