[2021] KEHC 5244 (KLR)
The court held that it could not further review the sentence imposed for arson and assault because it had already upheld the sentence on appeal, and the matter did not fall within the scope of Section 3(1) of the Community Service Orders Act. To entertain the application would amount to the court sitting on its own...
Source-derived case information.
- Citation
- [2021] KEHC 5244 (KLR)
- Parties
- Applicant: Cornel Oketch Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E026 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Arson Offence, Sentence Review, Community Service Orders, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Cornel Oketch Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the High Court can further review the sentence imposed for arson and assault after upholding it on appeal.
- 2 Whether the sentence imposed falls within the scope of Section 3(1) of the Community Service Orders Act.
Ratio Decidendi
The court held that it could not further review the sentence imposed for arson and assault because it had already upheld the sentence on appeal, and the matter did not fall within the scope of Section 3(1) of the Community Service Orders Act. To entertain the application would amount to the court sitting on its own appeal, which is not permissible. The sentence imposed was within the law, and there was no legal basis for further review. Accordingly, the application for sentence review was dismissed.
Court Disposition
application dismissed
Orders
- The request for sentence review is declined and dismissed.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION CASE NO. E026 OF 2021
CORNEL OKETCH OCHIENG....................................................APPLICANT
VERSUS
REPUBLIC....................................................................................RESPONDENT
(Revision Application from the judgment, conviction and sentence in UKWALA SRM’S MAGISTRATES COURT NO. 565 OF 2016 by HON. G. Adhiambo S.R.M., on 2. 3.2017 and SIAYA CR A NO. 27, 28 and 30 of 2017, BY HON. R.E.ABURILI J dated 27th August, 2018)
RULING
1. The Convict Cornel Okoth Ochieng was convicted of the offences of Arsonand assault and sentenced to serve seven years imprisonment in count 1 and in count 2 to pay a fine of KShs.20,000 in default to serve 4 months imprisonment, sentences to run consecutively.
2. He filed an appeal before this court vide HCRA 28 of 2017 which appeal was compromised in that he withdrew the challenge against conviction and only urged the court to consider sentence. The court did consider sentence and vide judgment delivered on 27. 8.2018, this court upheld the sentence imposed.
3. The Convict now wants that sentence reviewed further by this same court. Punishment for arson is up to life imprisonment. The trial court meted out lawful lenient prison term and fine which this court upheld.
4. That being the case, that sentence is not subject to further review by this court as it does not fall within the definition of Section 3(1) of the Community Service Orders Act. To do otherwise will be tantamount to this court sitting on its own appeal.
5. Accordingly, this court is inclined to find that the request for sentence review lacks any legal basis. The same is hereby declined and dismissed.
6. File closed.
7. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 30TH DAY OF JUNE, 2021
R. E. ABURILI
JUDGE