[2019] KEHC 2161 (KLR)
The court held that it lacks jurisdiction to review its own sentencing orders in the absence of a specific legal provision granting such power. The applicants' time already served in custody does not create a legal basis for review. The petition was therefore found to be without merit and dismissed.
Source-derived case information.
- Citation
- [2019] KEHC 2161 (KLR)
- Parties
- Applicant: Elphas Kengo Onyango; Applicant: Enos Kalo Akute; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 33 of 2019
- Procedural Posture
- Criminal Petition / Ruling on Petition for Review of Sentence
- Outcome
- petition dismissed
- Judges
- TW Cherere
- Legal Topics
- Sentence Review, Resentencing, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elphas Kengo Onyango
Applicant
Enos Kalo Akute
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Petition for Review of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to review its own sentence after resentencing.
- 2 Whether the applicants' period in custody justifies a review of sentence.
Ratio Decidendi
The court held that it lacks jurisdiction to review its own sentencing orders in the absence of a specific legal provision granting such power. The applicants' time already served in custody does not create a legal basis for review. The petition was therefore found to be without merit and dismissed.
Court Disposition
petition dismissed
Orders
- The petition for review of sentence is dismissed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
(CORAM: CHERERE-J)
CRIMINAL PETITION NO. 33 OF 2019
BETWEEN
ELPHAS KENGO ONYANGO....................1st APPLICANT
ENOS KALO AKUTE................................2ND APPLICANT
AND
REPUBLIC.....................................................RESPONDENT
RULING
1. On 30th May, 2019, this court resentenced the Appellants and others to 30 years’ imprisonment.
2. The applicants pray for review of the sentence on the ground that they have been in custody for 16 years.
3. There is no provision in law that gives this court power to review its own order on sentence.
4. The Petition is considered and found to have no merit and it is dismissed.
DATED AND DELIVERED IN KISUMU THIS 13thDAY OF November,2019
T.W. CHERERE
JUDGE
Delivered in open court in the presence of-
Court Assistant -Amondi/Okodoi
1st Petitioner - Present in person
2nd Petitioner- Present in person
For the State -Ms. Gathu