[2020] KEHC 8000 (KLR)
The High Court at Siaya held that it was functus officio in respect of the judgment rendered by the High Court at Kisumu in HCRA 156/2011, as both courts are of concurrent jurisdiction. The court found that it lacked the power to review or revise the judgment of a court of equal status. Consequently, the application...
Source-derived case information.
- Citation
- [2020] KEHC 8000 (KLR)
- Parties
- Applicant: Samwel Dalon Owino; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 46 of 2019
- Procedural Posture
- Miscellaneous Criminal Application / Application for Revision of Sentence and Conviction
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sexual Offences Act, Revision Jurisdiction, Functus Officio
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samwel Dalon Owino
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Application for Revision of Sentence and Conviction
Legal Issues
- 1 Whether the High Court has jurisdiction to revise its own judgment in a criminal appeal where it is a court of concurrent jurisdiction.
- 2 Whether the application for revision is competent in light of the doctrine of functus officio.
Ratio Decidendi
The High Court at Siaya held that it was functus officio in respect of the judgment rendered by the High Court at Kisumu in HCRA 156/2011, as both courts are of concurrent jurisdiction. The court found that it lacked the power to review or revise the judgment of a court of equal status. Consequently, the application for revision was incompetent and could not be entertained. The court dismissed the application and ordered the file closed.
Court Disposition
application dismissed
Orders
- The application filed on 30/12/2019 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. 46 OF 2019
(CORAM: R. E. ABURILI - J.)
SAMWEL DALON OWINO.............................................APPLICANT
VERSUS
REPUBLIC.....................................................................RESPONDENT
(Being an Application for Revision of Sentence and Conviction in Kisumu HCRA 156/2011 and originally from PM’s court, Bondo vide Criminal Case No. 965 of 2011)
JUDGMENT
1. The applicant was convicted and sentenced to serve 25 years imprisonment for the offence of defilement of a child under section 8(3) of the Sexual Offences Act vide Bondo PM Sexual Offence Case No 965 of 2011. He appealed to the High Court at Kisumu vide HCRA 156/2011. His appeal was dismissed. There is no evidence that he challenged that decision to the Court of Appeal. As the Application is not a constitutional Petition and as it seeks for revision of the judgment of this court in Kisumu HCRA 156/2011, which courts have concurrent jurisdiction, this court is functus officio. It has no power to review judgment of a court of concurrent competent jurisdiction.
2. The Application filed on 30/12/2019 is hereby dismissed and this file is closed.
Dated, signed and delivered at Siaya, this 24th day of February, 2020
R.E. ABURILI
JUDGE
In the presence of:
Samwel Dalon Owino, Applicant
Mr. Ngetich, Prosecution Counsel for the Respondent
Court Assistants: Brenda Achieng and Modestar Mutiemani