[2020] KEHC 3287 (KLR)
The court held that it lacked jurisdiction to entertain the application for sentence reduction because the applicant had not filed a constitutional petition. The sentence imposed by the trial court was found to be lawful, and the application was therefore incompetent. The court dismissed the application and ordered...
Source-derived case information.
- Citation
- [2020] KEHC 3287 (KLR)
- Parties
- Applicant: Fredrick Odhiambo Dimo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 60 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Review Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Jurisdiction of High Court, Sexual Offences, Defilement, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Odhiambo Dimo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the High Court has jurisdiction to review or reduce a sentence in the absence of a constitutional petition.
- 2 Whether the sentence imposed by the trial court was lawful.
Ratio Decidendi
The court held that it lacked jurisdiction to entertain the application for sentence reduction because the applicant had not filed a constitutional petition. The sentence imposed by the trial court was found to be lawful, and the application was therefore incompetent. The court dismissed the application and ordered the file closed, emphasizing that proper procedure must be followed for sentence review applications, specifically the filing of a constitutional petition where required.
Court Disposition
application dismissed
Orders
- The application is dismissed for want of jurisdiction.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISCELLANOUS CRIMINAL APPLICATION NO. 60 OF 2020
FREDRICK ODHIAMBO DIMO.................................................................APPLICANT
VERSUS
REPUBLIC..................................................................................................RESPONDENT
(Being an application seeking sentence Review against sentence
in Ukwala PM’s Sexual Offence Case No. 552 of 2015)
RULING
1. The applicant FREDRICK ODHIAMBO DIMO seeks to quash the 15 year prison term for the offence of gang defilement as convicted and sentenced vide Ukwala Senior Resident Magistrate’s Court Sexual Offence Case No. 55 of 2015. He seeks for a lesser sentence.
The application is by way of Miscellaneous Application. However, this Court is devoid of jurisdiction to entertain sentence reduction where there is no constitutional Petition filed. The sentence imposed is lawful.
2. I find the application incompetent. The same is hereby dismissed.
3. File closed.
Orders accordingly.
Dated, Signed and Delivered at Siaya this 1st day of September, 2020
R. E. ABURILI
JUDGE