[2019] KEHC 3029 (KLR)
The court held that it does not have the jurisdiction to grant remission of sentence, as this is an administrative function reserved for the prison authorities under the Prisons Act. The court's role is limited to sentencing, and any consideration for remission must be undertaken by the relevant officers within the...
Source-derived case information.
- Citation
- [2019] KEHC 3029 (KLR)
- Parties
- Applicant: DMN; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Petition 1 of 2019
- Procedural Posture
- Petition / Ruling on Application for Remission
- Outcome
- Application for remission not granted by the court; matter referred to prison authorities for consideration.
- Judges
- CM Kariuki
- Legal Topics
- Incest Offence, Sentencing, Remission of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DMN
Applicant
Republic
Respondent
Procedural Posture
Petition / Ruling on Application for Remission
Legal Issues
- 1 Whether the court has jurisdiction to grant remission of sentence to the applicant.
- 2 Whether the applicant qualifies for remission under the relevant law.
Ratio Decidendi
The court held that it does not have the jurisdiction to grant remission of sentence, as this is an administrative function reserved for the prison authorities under the Prisons Act. The court's role is limited to sentencing, and any consideration for remission must be undertaken by the relevant officers within the prison department, who are mandated to assess whether the applicant meets the statutory threshold and to apply the relevant factors in making such a determination. The application for remission before the court was therefore not properly before it, and the only appropriate order was to direct the prison authorities to consider the applicant's eligibility for remission in...
Court Disposition
Application for remission not granted by the court; matter referred to prison authorities for consideration.
Orders
- The Prison authority or the relevant officer in the prison department to consider whether the accused/applicant qualifies for grant of remission and accordingly act under the Law.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
PETITION CASE NO. 1 OF 2019
DMN………………………………..PETITIONER
VERSUS
REPUBLIC……………………….RESPONDENT
R U L I N G
1. The Applicant was charged with offence of Incest Contrary to Section 20 (1) of the Sexual Offences Act NO. 3 of 2016.
2. Particulars being that on 16/9/2014 at 9pm in Kitui County intentionally caused his penis penetrate the vagina of KN who to his knowledge was his step sister. On same particulars he faced alternative Count of an offence of Committing an Indecent Act.
3. He was convicted on main count and was sentenced to serve 20 years imprisonment.
4. He filed HCRA NO. 31/2017 Kitui High Court which after it was heard the appeal was dismissed and conviction was upheld but sentence was reduced to 15 years imprisonment.
5. Now he moves this court for remission.
6. The remission is not granted by the court but by the prisons relevant officers after assessing whether the Applicant has met the threshold and employing and considering the relevant factors for granting the remission.
7. This court therefore makes the following orders:
(1) The Prison authority or the relevant officer in the prison department to consider whether the accused/applicant qualifies for grant of remission and accordingly act under the Law.
Dated, signedanddeliveredatKituithis 18thday ofOctober 2019
C. KARIUKI
JUDGE