Case law
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Division and case type: CriminalCriminal Appeal
…There are no provisions providing for a plea to be changed, but there are equally no provisions to prevent a plea being changed before the court becomes functus officio.…
…A further question arises, when does a magistrate’s court become functus officio and we agree with the resoning in Manchester City Recorder Case [1969] All ER 1230) that this can only be when the court disposes of a case…
Division and case type: High Court DivCriminal Appeal
…In any case, the High Court having decided on the appeal of the appellant, the High Court is functus officio in this matter and the appellant is barred from filing another appeal before the same court.…
Division and case type: High Court DivCriminal Appeal
…He dismissed the appeals, rendering this court functus officio. 8.…
Division and case type: High Court DivCriminal Appeal
…It is worth emphasizing that upon delivery of its judgment on 15th January, 2025, this Court (High Court) became functus officio on the matter.…
Division and case type: High Court DivCriminal Appeal
…I therefore find that the appeal before me is incompetent for the reason that the High Court having rendered itself in High Court Criminal Appeal No. 85 of 2021, the court is functus officio and cannot entertain the matter…
Division and case type: High Court CriminalCriminal Appeal
…Once the High Court delivered its judgment (though differently constituted) on the murder case, it became functus officio over the matter herein. 11.…
Division and case type: High Court DivCriminal Appeal
…counsel for the Respondent opposed the application and raised several grounds of opposition inter alia; that this court has no jurisdiction since the appeal which had been filed was dismissed and therefore the court became functus…
…officio; that the application has no legal basis for review as the same is not available in criminal appeals as no ground for review have been shown such as new issues, error apparent on the record or any sufficient cause…
Division and case type: High Court CriminalCriminal Appeal
…WSC v Republic (Miscellaneous Criminal Application E013 of 2021) [2025] KEHC 192 (KLR), where the Court underscored that once the Court of Appeal has pronounced itself on a conviction and sentence, the High Court becomes functus…
…officio.…
Division and case type: High Court CriminalCriminal Appeal
…It is a foundational principle of law that once a court renders a final judgment or ruling, it becomes functus officio.…
Division and case type: High Court DivCriminal Appeal
…It was clear from the aforesaid provision that a judgment could be altered and/or reversed if there was an error, omission or irregularity therein and that the court could not be considered to have been functus officio in…
Division and case type: High Court CriminalCriminal Appeal
…The argument, that the court became functus officio, upon dismissing the bond/bail application, has no legal foundation. See Republic vs. Diana Suleiman Said & Anor [2014] eKLR (Muriithi, J).…
Division and case type: High Court CriminalCriminal Appeal
…The argument, that the court became functus officio, upon dismissing the bond/bail application, has no legal foundation. See Republic vs. Diana Suleiman Said & Anor [2014] eKLR (Muriithi, J).…
Division and case type: High Court CriminalCriminal Appeal
…They also argued that upon delivery of its Ruling on 20th February 2025, this court became functus officio, and the proper forum that the Applicants ought to present their grievance should have been the Court of Appeal in…
Division and case type: High Court CriminalCriminal Appeal
…Having allowed the prosecution to withdraw the charge under section 87(a), the Court became functus officio in respect of the merits of the case and could only order that the accused be discharged in accordance with the statute…
Division and case type: High Court CriminalCriminal Appeal
…The High Court has now become functus officio, so far as the conviction and sentence, in Busia CMCSOA No. E100 of 2022, is concerned. 34. Orders accordingly.…
Division and case type: High Court CriminalCriminal Appeal
…All the above considered, the upshot is that for reasons that the appeal filed by this Applicant was already heard and determined by a court of concurrent jurisdiction, this court is functus officio the Application herein…