[2021] KEHC 5510 (KLR)
The High Court determined that it lacked jurisdiction to further revise or reduce the sentence imposed on the applicant, as it had already exercised its appellate jurisdiction by upholding the sentence in a previous appeal. The court found the sentence to be lawful and lenient, and concluded that its discretion and...
Source-derived case information.
- Citation
- [2021] KEHC 5510 (KLR)
- Parties
- Applicant: George Ochieng Olewe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E045 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Jurisdiction of High Court, Manslaughter Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Ochieng Olewe
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the High Court has jurisdiction to revise or reduce a sentence it has already upheld on appeal.
- 2 Whether the sentence imposed on the applicant was lawful and appropriate.
Ratio Decidendi
The High Court determined that it lacked jurisdiction to further revise or reduce the sentence imposed on the applicant, as it had already exercised its appellate jurisdiction by upholding the sentence in a previous appeal. The court found the sentence to be lawful and lenient, and concluded that its discretion and authority in the matter had been fully exercised and exhausted. Consequently, the application for sentence revision was dismissed for want of jurisdiction and merit.
Court Disposition
application dismissed
Orders
- The application for sentence revision is declined and dismissed.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION E045 OF 2021
GEORGE OCHIENG OLEWE...........................................................APPLICANT
VERSUS
REPUBLIC.........................................................................................RESPONDENT
(Application for sentence revision from the judgment, conviction and sentence
in BONDO PM’S MAGISTRATES COURT Cr Case No. 114 OF 2016
by Hon M. Obiero, Principal Magistrate on 9/6/2017)
RULING
1. The Applicant GEORGE OCHIENG OLEWE was Convicted and sentenced to serve seven (7) years imprisonment for the offence of Manslaughterby Hon. M. Obiero, Principal Magistrate on 9. 6.2017 in Bondo Principal Magistrate Criminal Case Number 114 of 2016. He appealed to this Court vide High Court Criminal Appeal 23 of 2018 which appeal was heard and dismissed on 5. 5.2020. The Convict has now come back to this court for sentence Revision
2. I have considered the Probation Officer’s Report. I observe that this court having pronounced itself on sentence imposed on the applicant by upholding it on appeal, it has no power to revisit the said judgment and reduce the sentence further. The sentence imposed was lawful and lenient, and this court has exhausted its jurisdiction and discretion in the matter.
3. Accordingly, the application, is declined and dismissed.
4. Orders accordingly.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 28TH DAY OF JUNE, 2021
R. E. ABURILI
JUDGE