[2021] KEHC 5541 (KLR)
The High Court held that it lacks jurisdiction to revise its own orders made on appeal, having already resentenced the applicant in accordance with the Muruatetu decision. The application for further reduction of sentence was therefore dismissed as the court was functus officio and could not revisit its own...
Source-derived case information.
- Citation
- [2021] KEHC 5541 (KLR)
- Parties
- Applicant: Evans Ouma Oketch; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case E072 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Reduction of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Reduction, Jurisdiction of High Court, Resentencing, Revision of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Ouma Oketch
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Reduction of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to revise its own orders on appeal after resentencing the applicant.
- 2 Whether the applicant is entitled to a further reduction of sentence after resentencing under the Muruatetu decision.
Ratio Decidendi
The High Court held that it lacks jurisdiction to revise its own orders made on appeal, having already resentenced the applicant in accordance with the Muruatetu decision. The application for further reduction of sentence was therefore dismissed as the court was functus officio and could not revisit its own appellate orders.
Court Disposition
application dismissed
Orders
- The application for sentence reduction is dismissed.
- File closed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISCELLEANOUS CRIMINAL CASE NO. E072 OF 2021
EVANS OUMA OKETCH............................................................APPLICANT
VERSUS
REPUBLIC................................................................................RESPONDENT
(Application for reduction of sentence from the judgment, conviction and sentence in BONDO PMCRC NO. 921 OF 2016)
RULING
1. The applicant EVANS OUMA OKETCHwas resentenced vide High Court Criminal Appeal Number 63 of 2017. This court has no Jurisdiction to revise its own Orders on appeal, having resentenced the applicant herein applying the Francis Karioko Muruatetu &another versus Republic [2017]e KLR decision.
2. The application for sentence reduction is hereby dismissed.
3. File Closed.
4. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 28TH DAY OF JUNE, 2021
R. E. ABURILI
JUDGE