Patrick Muma Isaiah & Stephen Wafula Kuriati v Republic [2021] KEHC 6508 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

MISCELLANEOUS CRIMINAL APPLICATION NO. E021OF 2021

PATRICK MUMA ISAIAH.................................................................1ST APPLICANT

STEPHEN WAFULA KURIATI........................................................2ND APPLICANT

VERSUS

REPUBLIC..............................................................................................RESPONDENT

RULING

I have considered the submissions of the parties herein. This matter was originally filed at the Constitutional and Human Rights Division. The Hon. Justice A. C. Mrima referred this matter to this division in view of the prayers sought of resentencing. In the said ruling the Hon Judge noted that all the Divisions of the High Court have same Constitutional jurisdiction bestowed under Article 165 of the constitution.

I have noted that the appeal herein was handled at Kiambu High Court. It is only fair that this application (petition) for resentencing be heard by the same court.

I accordingly therefore order that this petition No. 177/2020 (E021/2021) be transferred for hearing before the High Court, Kiambu. The Deputy Registrar of this court is ordered to facilitate this process of transfer.

Orders accordingly.

D. O. OGEMBO

JUDGE

8. 6.2021.

Court:

Ruling read out in court (online) in presence both applicant and Mr. Kiragu for the state.

D. O. OGEMBO

JUDGE

8. 6.2021.