[2023] KEHC 3103 (KLR)
The court held that it does not have the jurisdiction to grant remission or early release to a convict on the basis that they have served two-thirds of their sentence and claim to have reformed. The power to grant remission is vested exclusively in the prison authorities under the Prisons Act, and not in the courts....
Source-derived case information.
- Citation
- [2023] KEHC 3103 (KLR)
- Parties
- Applicant: Joseph Agwenge Gen’g; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E010 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sentencing, Remission of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Agwenge Gen’g
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to grant remission or early release to a convict who has served two-thirds of their sentence.
- 2 Whether the applicant's claim of reformation and service of sentence entitles him to release by the court.
Ratio Decidendi
The court held that it does not have the jurisdiction to grant remission or early release to a convict on the basis that they have served two-thirds of their sentence and claim to have reformed. The power to grant remission is vested exclusively in the prison authorities under the Prisons Act, and not in the courts. The applicant failed to provide any testimonial evidence from prison authorities to support his claim of reformation or eligibility for remission. Consequently, the application was found to be misconceived and was dismissed.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Gen’g v Republic (Miscellaneous Criminal Application E010 of 2023) [2023] KEHC 3103 (KLR) (28 March 2023) (Ruling)
Neutral citation: [2023] KEHC 3103 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E010 of 2023
RE Aburili, J
March 28, 2023
Between
Joseph Agwenge Gen’g
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Joseph Agwenge Gen’g is a convict vide Nyando Principal Magistrates Court Sexual Offence Case No. 991 of 2010 wherein he was sentenced to serve twenty (20) years imprisonment for the offence of defilement contrary to section 8 (1) (2) of the Sexual Offences Act.
2. He now claims that because he has served 2/3 of sentence, this court should release him because he has reformed.
3. No testimonials were filed from prison. Only prison authorities grant remission not this court.
4. I find the application misconceived and not well thought out. It is hereby dismissed.
5. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28TH DAY OF MARCH, 2023R. E. ABURILIJUDGE