Manyonge v The Director Of Public Prosecutions [2022] KEHC 11264 (KLR)

Manyonge v The Director Of Public Prosecutions (Petition 013 of 2022) [2022] KEHC 11264 (KLR) (Crim) (7 June 2022) (Ruling)

Neutral citation: [2022] KEHC 11264 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Petition 013 of 2022

HI Ong'udi, J

June 7, 2022

Between

Jane Nambuye Manyonge

Petitioner

and

The Director Of Public Prosecutions

Respondent

Ruling

1. The petitioner Jane Nambuye Manyonge filed the undated petition and notice of motion on January 27, 2022 seeking re-sentencing. Upon perusal of the pleadings I noted that the petitioner had been convicted of murder C/s 203 as read with section 204 of the penal Code and sentenced to suffer death. I therefore transferred the file to the Criminal division on February 4, 2022 for hearing. The file has just been returned to this division for hearing today.

2. I note from the record that the petitioner appealed against her conviction vide Court of Appeal – Criminal Appeal No 73 of 2019at Nairobi. She was heard and the conviction was upheld but the sentence was reduced from death to 20 years imprisonment.

3. The petitioner not being satisfied filed Misc Cr Application No E048/2021 in the Criminal division Milimani for re-sentencing. The same was heard and a ruling delivered by Grace Nzioka J on May 3, 2021. The said application was struck out for want of jurisdiction.

4. The petitioner then decided to file this petition / application in the Constitutional & Human Rights division coating it as a constitutional matter which is not the case and that is why I had sent it to the criminal division to deal.

5. It is therefore clear that the petitioner/applicant is simply abusing the court process. Criminal matters to do with re-sentencing are for the criminal division and not the Constitutional and Human Rights Division.

6. For this matter in particular, I find that it having been dealt with by the Court of Appeal and a decision made she cannot turn around to plead violation of unknown rights in seeking sympathy from this court. This court is functus officio. Unless directed by the Superior Court this court cannot start handling the matter again.

7. The undated petition and application are hereby struck out.Orders accordingly.

SIGNED AND DATED THIS 7THDAY OF JUNE, 2022 IN OPEN COURT AT MILIMANI, NAIROBI.H. I. ONG’UDIJUDGE OF THE HIGH COURTH.I.O.