[2021] KEHC 6495 (KLR)
The court determined that since the High Court at Kiambu, which has concurrent jurisdiction with the Nairobi High Court, has already handled the applicants' petition for resentencing, it is proper and prudent for the matter to be transferred to the High Court at Kiambu. This approach prevents the risk of conflicting...
Source-derived case information.
- Citation
- [2021] KEHC 6495 (KLR)
- Parties
- Applicant: Robert Wangoro; Applicant: David Wafula Manga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E017 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Transfer of Petition
- Outcome
- petition transferred to High Court at Kiambu
- Judges
- DO Ogembo
- Legal Topics
- Resentencing, Jurisdiction of High Court, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Wangoro
Applicant
David Wafula Manga
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Transfer of Petition
Legal Issues
- 1 Whether the High Court at Nairobi (Criminal Division) has jurisdiction to hear the petition for resentencing after the High Court at Kiambu has already handled the matter.
- 2 Whether the petition should be transferred to the High Court at Kiambu to avoid conflicting orders.
Ratio Decidendi
The court determined that since the High Court at Kiambu, which has concurrent jurisdiction with the Nairobi High Court, has already handled the applicants' petition for resentencing, it is proper and prudent for the matter to be transferred to the High Court at Kiambu. This approach prevents the risk of conflicting orders from two High Courts and upholds judicial orderliness. The court thus ordered the immediate transfer of the petition to the High Court at Kiambu for hearing and determination.
Court Disposition
petition transferred to High Court at Kiambu
Orders
- The petition, No. 194 of 2020 Robert Wangoro and David Wafula Manga versus Republic, is transferred for hearing before the High Court of Kenya, Kiambu.
- The Deputy Registrar is directed to immediately facilitate the transfer of this file to the High Court of Kenya, Kiambu.
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. E017OF 2021
ROBERT WANGORO.....................................................................................1ST APPLICANT
DAVID WAFULA MANGA...........................................................................2ND APPLICANT
VERSUS
REPUBLIC.........................................................................................................RESPONDENT
RULING
The matter has come up before this court for the Petition of the applicants filed on 12. 6.2020. the same had initially been filed before the Constitution and Human Rights Division of the High Court, Milimani. In a ruling of the Hon. Justice A. C. Mrima dated 17. 12. 2020, the Honorable Judge referred this petition for hearing before this division (Criminal) since in his view, the matters and issues involved i.e resentencing squarely lie under the Criminal division. In the said ruling, the Honourable Judge noted that all the divisions of the High Court have the same Constitutional Jurisdiction bestowed upon the High Court under Article 165 of the Constitution. The Judge went to refer all the relevant petitions for hearing before this court, including this one.
In today’s submissions, it has come out from both the prosecution side and the petitioners themselves that upon conviction by the lower court (Githunguri), they appealed. Their appeal was dismissed. Their 2nd appeal to the Court of Appeal was equally dismissed. They then filed a petition before the High Court in Kiambu which referred the matter back to the trial court in Githunguri. The court at Githunguri confirmed their death sentences.
Since this matter has been handled by the High Court at Kiambu, which has concurrent jurisdiction with this court, I am of the view that this petition would be properly be handled by the High Court at Kiambu. This would also be to guard against the 2 High Courts issuing conflicting orders.
I accordingly therefore order that this petition, No. 194 of 2020 Robert Wangoro (1st Petitioner), David Wafula Manga (2nd Petitioner) Versus Republic, be transferred for hearing before the High Court of Kenya, Kiambu. The Deputy Registrar of this court is hereby directed to immediately facilitate the transfer of this file to the High Court of Kenya Kiambu. Orders accordingly.
D. O. OGEMBO
JUDGE
8. 6.2021.
Court:
Ruling read out in court (online) in presence both applicants and Mr. Kiragu for the state.
D. O. OGEMBO
JUDGE
8. 6.2021.