[2020] KEHC 1420 (KLR)
The court held that it lacked jurisdiction to revise the sentence because the applicant had already appealed the sentence in Siaya HC Criminal Appeal No. 167 of 2016, and the sentence review had been declined by another High Court judge (Majanja J) in the same appeal. The principle of concurrent jurisdiction...
Source-derived case information.
- Citation
- [2020] KEHC 1420 (KLR)
- Parties
- Applicant: Albert Otieno Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 71 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Jurisdiction, Appeal Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Albert Otieno Onyango
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the High Court has jurisdiction to revise a sentence that has already been the subject of an appeal and a prior review by a judge of concurrent jurisdiction.
Ratio Decidendi
The court held that it lacked jurisdiction to revise the sentence because the applicant had already appealed the sentence in Siaya HC Criminal Appeal No. 167 of 2016, and the sentence review had been declined by another High Court judge (Majanja J) in the same appeal. The principle of concurrent jurisdiction prohibits one judge from overturning or revising the order of another judge of equal standing. Therefore, the application for sentence revision was dismissed for want of jurisdiction.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
- File closed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
AT THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 71 OF 2020
ALBERT OTIENO ONYANGO...................................APPLICANT
VERSUS
REPUBLIC..................................................................RESPONDENT
(Being an Application for revision of sentence in Principal Magistrate’s Court, Siaya vide Criminal (SO) Case No. 1 of 2015 delivered on 25. 2.2016 before Hon. H. Wandere, Principal Magistrate)
RULING
1. I have considered the application for Sentence Revision and the mitigating factors given and letter of recommendation by the Officer Incharge Siaya G.K. Prison dated 14/9/2020.
2. Regrettably, the Applicant having appealed vide Siaya HC. Criminal Appeal No. 167 of 2016, this court cannot revise sentence which was lawful.
3. Furthermore, the sentence review was declined by Majanja J in HCCRA No. 167/2016 vide an Order of 23/3/2018.
4. This court has no jurisdiction to upset the order of another Judge of concurrent competent jurisdiction. The application for sentence revision is dismissed.
5. File closed.
Dated, signed and delivered at Siaya this 5th day of October 2020.
R.E. ABURILI
JUDGE