[2022] KEHC 16775 (KLR)
The High Court held that it lacks jurisdiction to revise a sentence which it has already re-imposed on appeal through a resentencing process. Since the applicant's sentence was already considered and reduced on appeal, the court cannot entertain a further revision of the same sentence. The application for sentence...
Source-derived case information.
- Citation
- [2022] KEHC 16775 (KLR)
- Parties
- Applicant: Morris Otieno Abaki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E116 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- Application for sentence revision declined. File closed.
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sentence Revision, Sexual Offences Act, Appellate Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Morris Otieno Abaki
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the High Court can revise a sentence it has already re-imposed on appeal.
- 2 Whether the applicant is entitled to a further reduction or revision of sentence after resentencing.
Ratio Decidendi
The High Court held that it lacks jurisdiction to revise a sentence which it has already re-imposed on appeal through a resentencing process. Since the applicant's sentence was already considered and reduced on appeal, the court cannot entertain a further revision of the same sentence. The application for sentence revision was therefore declined, and the file was ordered closed.
Court Disposition
Application for sentence revision declined. File closed.
Orders
- Revision of sentence is declined.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Abaki v Republic (Criminal Revision E116 of 2022) [2022] KEHC 16775 (KLR) (21 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16775 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E116 of 2022
RE Aburili, J
December 21, 2022
Between
Morris Otieno Abaki
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Bondo PM’s Sexual Offence Case No. E017 of 2020 delivered by Hon. S.W. Mathenge, Resident Magistrate on 16. 7.2021)
Ruling
1. The convict Morris Otieno Abaki was convicted of the offence of defilement contrary to Section 8(1)(3) of the Sexual Offence Act. He was sentenced to serve 10 years imprisonment which was reduced on appeal to 5 years imprisonment on 31/1/2022.
2. This court cannot revise that sentence which it re-imposed on the convict through a resentence.
3. Revision of sentence is declined. File closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 21ST DAY OF DECEMBER, 2022R.E. ABURILIJUDGE