[2021] KEHC 1901 (KLR)
The court held that it had already exercised its appellate jurisdiction in reducing the applicant's sentence from 15 to 10 years, applying the relevant legal principles from the Supreme Court and Court of Appeal. There was no legal basis for further reduction of sentence, as the matter had been conclusively...
Source-derived case information.
- Citation
- [2021] KEHC 1901 (KLR)
- Parties
- Applicant: Benard Odhiambo Ng’ong’a; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E109 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Reduction
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Sentencing, Sentence Reduction, Appellate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Odhiambo Ng’ong’a
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Reduction
Legal Issues
- 1 Whether the applicant is entitled to a further reduction of sentence after the appellate court already reduced the sentence from 15 to 10 years.
- 2 Whether the court has jurisdiction to further reduce the sentence in light of prior appellate decisions.
Ratio Decidendi
The court held that it had already exercised its appellate jurisdiction in reducing the applicant's sentence from 15 to 10 years, applying the relevant legal principles from the Supreme Court and Court of Appeal. There was no legal basis for further reduction of sentence, as the matter had been conclusively determined on appeal. The application for further reduction was therefore found to be devoid of merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for sentence reduction is dismissed.
- File closed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E109 OF 2021
CORAM: R.E. ABURILI, J
BENARD ODHIAMBO NG’ONG’A...................................................................APPLICANT
VERSUS
REPUBLIC.........................................................................................................RESPONDENT
(Being an Application arising from conviction and sentence of the Principal Magistrate’s court
at Bondo in Sexual Offence Case No. 30 of 2018)
RULING
1. I have considered the application filed on 9/11/2021 by the applicant convict BENARD ODHIAMBO NG’ONG’A. The convict/applicant claims that he was sentenced to serve 15 years imprisonment for the offence of defilement and on appeal, his prison term was reduced to 10 years imprisonment vide HCRA 6/2019. He now seeks for further reduction of that sentence.
2. I have considered the application by the convict. I find no merit in the application for sentence reduction as the court did exhaust its jurisdiction on appeal, by considering the applicable principle in the Supreme Court in Francis Muruatetu & another v R [2017] e KLR case as applied in the JARED Koita Injri v R [2019]e KLR by the Court of Appeal. The application is found to be devoid of merit. It is hereby dismissed.
3. File closed.
Dated, signed and delivered at Siaya this 16th Day of November, 2021
R.E. ABURILI
JUDGE