[2024] KEHC 11774 (KLR)
The court held that it lacks jurisdiction to review or reduce a sentence it has imposed in exercise of judicial discretion in a concluded criminal matter, except as provided by law. Entertaining such an application would amount to the court sitting on its own appeal, which is impermissible. The application for...
Source-derived case information.
- Citation
- [2024] KEHC 11774 (KLR)
- Parties
- Applicant: Benard Otieno Ayoma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E036 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Conviction and Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Murder Conviction, Judicial Discretion, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Otieno Ayoma
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Conviction and Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to review its own sentence imposed in a murder conviction.
- 2 Whether the applicant is entitled to a reduction of sentence on account of being a first offender and showing remorse.
Ratio Decidendi
The court held that it lacks jurisdiction to review or reduce a sentence it has imposed in exercise of judicial discretion in a concluded criminal matter, except as provided by law. Entertaining such an application would amount to the court sitting on its own appeal, which is impermissible. The application for review was therefore dismissed as an abuse of court process. The court further noted that the sentence imposed was already lenient compared to the statutory death penalty for murder, and no legal basis existed for further reduction.
Court Disposition
application dismissed
Orders
- The application dated 27/3/2024 is dismissed as an abuse of court process.
- The mention date of 21/10/2024 is recalled.
Full Case Text
Judgment text and source record
22 paragraphs
Ayoma v Republic (Miscellaneous Criminal Application E036 of 2024) [2024] KEHC 11774 (KLR) (27 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11774 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E036 of 2024
RE Aburili, J
September 27, 2024
Between
Benard Otieno Ayoma
Applicant
and
Republic
Respondent
(Being an Application for review of Conviction and sentence of the High Court of Siaya vide HCR E020/2022 delivered by Hon. Justice R. E. ABURILI dated 28. 12. 2022)
Ruling
1. The applicant is a murder convict vide HCR E020/2022. He was sentenced to serve 35 years imprisonment. He was jointly charged with Alex Onono Oketch. This was vide judgment rendered on 28/12/2022 to run from date of arrest on 15/5/2022. He now applies to this court vide application dated 27/3/2024 for sentence review and reduction because he is a first offender, remorseful and deserving of a second chance.
2. I have perused the entire High Court HCR. E020/2022 wherein the murder trial was expeditiously conducted.
3. Punishment for murder is death, upon conviction, as stipulated in Section 204 of the Penal Code.
4. The applicant was given a term sentence of 35 years which is very lenient, considering that a precious life was lost.
5. This court is devoid of any jurisdiction to review the sentence imposed in exercise of judicial discretion and to do otherwise would amount to this court siting on its own appeal. Accordingly, the application dated 27/3/2024 is found to be an abuse of court process and the same is hereby dismissed. The mention date of 21/10/2024 is recalled. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE