[2023] KEHC 23183 (KLR)
The High Court found that it had already determined the applicant's appeal and a subsequent revision application regarding the same conviction and sentence. The doctrine of functus officio precludes the court from revisiting the matter, as its jurisdiction has been exhausted. The present application for resentencing...
Source-derived case information.
- Citation
- [2023] KEHC 23183 (KLR)
- Parties
- Applicant: Wesley Lutiali Sabatia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E278 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Resentencing
- Outcome
- application dismissed
- Judges
- K Kimondo
- Legal Topics
- Defilement, Resentencing, Abuse of Process, Functus Officio
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wesley Lutiali Sabatia
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain a resentencing application after dismissal of an appeal and a prior revision application.
- 2 Whether the present application constitutes an abuse of court process.
Ratio Decidendi
The High Court found that it had already determined the applicant's appeal and a subsequent revision application regarding the same conviction and sentence. The doctrine of functus officio precludes the court from revisiting the matter, as its jurisdiction has been exhausted. The present application for resentencing is therefore an abuse of process, and the court lacks jurisdiction to entertain it. Accordingly, the application was dismissed.
Court Disposition
application dismissed
Orders
- The application for resentencing is dismissed.
Full Case Text
Judgment text and source record
21 paragraphs
Sabatia v Republic (Miscellaneous Criminal Application E278 of 2022) [2023] KEHC 23183 (KLR) (Crim) (5 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23183 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Application E278 of 2022
K Kimondo, J
October 5, 2023
Between
Wesley Lutiali Sabatia
Applicant
and
Republic
Prosecutor
(Lower Court at Makadara Chief Magistrates S.O. Case Number 1672 of 2011. Criminal Revision 909 of 2018 )
Ruling
1. The applicant seeks a resentencing order. He was convicted for defilement by the lower court at Makadara in Chief Magistrates S.O. Case Number 1672 of 2011. He was imprisoned for 20 years.
2. His appeal to the High Court in Criminal Appeal No. 219 of 2012 was dismissed by Ngenye J, as then was.
3. The applicant then sought a revision of the sentence in High Court Criminal Revision No. 909 of 2018 which was dismissed by Bwonwonga J on July 5, 2022; the learned judge correctly observing that the High Court was now functus officio.
4. Granted that history, the present notice of motion is clearly an abuse of process as the High Court is no longer seized of jurisdiction. The application is accordingly dismissed.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 5TH DAY OF OCTOBER 2023. KANYI KIMONDOJUDGERuling read virtually onMicrosoft Teamsin the presence of: -The applicant (in person).Mr. Kiragu for the Respondent instructed by the office of the Director of Public prosecutions.Mr. E. Ombuna, Court Assistant.