[2024] KEHC 11770 (KLR)
The court found that there is no law or legal basis to grant the applicant a reduction of sentence after his appeal was dismissed and the conviction and sentence were upheld. The application for resentencing was therefore found to be misplaced and without merit, leading to its dismissal.
Source-derived case information.
- Citation
- [2024] KEHC 11770 (KLR)
- Parties
- Applicant: Jackson Ouma Bobeka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E070 of 2024
- Procedural Posture
- Criminal Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Sentencing, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Ouma Bobeka
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a reduction of sentence after dismissal of his appeal.
- 2 Whether there is any legal basis for resentencing in the circumstances presented.
Ratio Decidendi
The court found that there is no law or legal basis to grant the applicant a reduction of sentence after his appeal was dismissed and the conviction and sentence were upheld. The application for resentencing was therefore found to be misplaced and without merit, leading to its dismissal.
Court Disposition
application dismissed
Orders
- The application dated 9/7/2024 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Bobeka v Republic (Criminal Miscellaneous Application E070 of 2024) [2024] KEHC 11770 (KLR) (27 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11770 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Miscellaneous Application E070 of 2024
RE Aburili, J
September 27, 2024
Between
Jackson Ouma Bobeka
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Jackson Ouma Bobeka was convicted of the offence of Robbery with Violence vide Siaya SPM Cr. 800 of 2006 and was sentenced to suffer death as stipulated in Section 296 (2) of the Penal Code.
2. He appealed vide Kisumu HCRA 83/2007 which appeal was dismissed.
3. He now applies that he is entitled to a less severe sentence as aa first offender since he has been in prison for long and hence he wants a criminal rehearing, whatever that term means.
4. I have perused the trial court record of proceedings and judgment and considered the application noting that the matter is a very old one and the lower court file had to be retrieved from the archives.
5. I find no law favouring the sentence reduction in favour of the convict whose appeal was dismissed.
6. The application dated 9/7/2024 is found to be misplaced and is hereby dismissed. This file is closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE