[2020] KEHC 1675 (KLR)
The court held that it lacked jurisdiction to reduce the applicant's sentence because there was no appeal against the conviction or sentence in a serious offence such as arson and assault causing actual bodily harm. Furthermore, the court clarified that the authority to grant sentence remission lies exclusively with...
Source-derived case information.
- Citation
- [2020] KEHC 1675 (KLR)
- Parties
- Applicant: Cornel Oketch Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E010 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Reduction
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Jurisdiction of High Court, Sentence Remission, Arson, Assault Causing Actual Bodily Harm
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cornel Oketch Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Reduction
Legal Issues
- 1 Whether the High Court has jurisdiction to reduce a sentence not appealed against in a serious offence.
- 2 Whether the High Court can consider sentence remission or if such power is vested elsewhere.
Ratio Decidendi
The court held that it lacked jurisdiction to reduce the applicant's sentence because there was no appeal against the conviction or sentence in a serious offence such as arson and assault causing actual bodily harm. Furthermore, the court clarified that the authority to grant sentence remission lies exclusively with the Prisons Department under the Prisons Act, not with the High Court. As such, the application for sentence reduction was found to be without 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
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. E010 OF 2020
CORNEL OKETCH OCHIENG.....................................................APPLICANT
VERSUS
REPUBLIC.....................................................................................RESPONDENT
(Being an Application for Revision of sentence in Criminal Case No. 556 of 2016 at Senior Resident Magistrate’s court, Ukwala delivered on 02. 03. 2017)
RULING
1. The Applicant Cornel Oketch Ochieng seeks for sentence reduction on account that he has served one third of his sentence of 7 years for the offence of arson and assault causing actual bodily harm.
2. This court has no jurisdiction to reduce sentence which was not appealed against in such a serious offence. In addition, the power to consider sentence remission is vested in the Prisons Department not the High Court.
3. For the above reasons, I find the Application for sentence reduction devoid of merit. I dismiss it.
4. File closed.
5. Orders accordingly.
Dated, signed and Delivered at Siaya this 2nd day of November 2020
R.E. ABURILI
JUDGE