[2021] KEHC 3673 (KLR)
The High Court lacks jurisdiction to review or entertain a petition regarding a sentence that has already been determined on appeal by a judge of concurrent jurisdiction. The applicant's recourse, if dissatisfied with the sentence, is to approach the Court of Appeal. The petition did not disclose any violation of...
Source-derived case information.
- Citation
- [2021] KEHC 3673 (KLR)
- Parties
- Appellant: Francis Otieno Olajo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E032 of 2020
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- petition dismissed
- Judges
- RPV Wendoh
- Legal Topics
- Defilement, Sentencing Review, Sexual Offences Act, Jurisdiction, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Otieno Olajo
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether the High Court has jurisdiction to review or entertain a petition regarding a sentence already determined on appeal by a judge of concurrent jurisdiction.
- 2 Whether the sentence imposed was harsh and excessive warranting review.
Ratio Decidendi
The High Court lacks jurisdiction to review or entertain a petition regarding a sentence that has already been determined on appeal by a judge of concurrent jurisdiction. The applicant's recourse, if dissatisfied with the sentence, is to approach the Court of Appeal. The petition did not disclose any violation of rights or grounds that would warrant the court's intervention. Accordingly, the petition is dismissed for want of jurisdiction.
Court Disposition
petition dismissed
Orders
- The petition is declined and dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MIGORI
CRIMINAL REVISION NO. E032 OF 2020
FRANCIS OTIENO OLAJO.......................................................APPELLANT
-versus-
REPUBLIC................................................................................RESPONDENT
JUDGMENT
Francis Otieno Olajo was convicted and sentenced to serve life imprisonment for the offence of defilement contrary to Section 8(1) and (2) of the Sexual Offences Act in Criminal Case No. 42 of 2018.
He appealed against the said judgment in HCCRA 54 of 2019 where J. Mrima commuted the life imprisonment to thirty (30) years imprisonment.
The petitioner has now filed this petition on 9/12/2020 pursuant to Sections 354 and 364, Articles 23(3) (f) and 50(2) (q) of the Constitution requesting the court to review the sentence because it was harsh and excessive; that he has been a person of good conduct while in prison and needs to be reintegrated in society. The applicant did not disclose how any of his rights were violated.
The applicant having been heard on appeal by J. Mrima, a judge of concurrent jurisdiction, this court has no jurisdiction to hear this matter on review or Petition. It is not clear whether the petitioner intended to file a petition or merely seeking a review. Whatever the case, If the petitioner is dissatisfied with the sentence, the proper forum to seek redress is the Court of Appeal.
For that reason, this petition is declined and dismissed.
DELIVERED, DATED AND SIGNED AT MIGORI THIS 21ST DAY OF SEPTEMBER, 2021.
R. WENDOH
JUDGE