[2021] KEHC 2828 (KLR)
The court found that the application for sentence review lacked substance because the applicant failed to demonstrate any irregularity or severity in the sentence imposed. Furthermore, the court noted that the Ukwala Principal Magistrates' Court did not have jurisdiction in 2019 to hear and determine a murder case,...
Source-derived case information.
- Citation
- [2021] KEHC 2828 (KLR)
- Parties
- Applicant: George Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E089 of 2021
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Jurisdiction of Magistrates Court, Murder Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Onyango
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant was irregular or unduly severe.
- 2 Whether the Ukwala Principal Magistrates' Court had jurisdiction to try a murder case.
Ratio Decidendi
The court found that the application for sentence review lacked substance because the applicant failed to demonstrate any irregularity or severity in the sentence imposed. Furthermore, the court noted that the Ukwala Principal Magistrates' Court did not have jurisdiction in 2019 to hear and determine a murder case, suggesting a fundamental misunderstanding by the applicant regarding the nature of his conviction and sentence. As a result, the application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application for sentence review is 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 NO. E089 OF 2021
CORAM: R.E. ABURILI, J
GEORGE ONYANGO.....APPLICANT
VERSUS
REPUBLIC...................RESPONDENT
(Being an Application seeking review of sentence in Ukwala Principal Magistrates’ Court in Criminal Case No. 631 of 2019)
RULING
1. I have considered the application for sentence Review by the applicant/convict George Onyango. He claims that he was sentenced to serve 3 years imprisonment for the offence of murder.
2. If that be the case, then the question is, where is the irregularity or severity of his sentence?
3. Moreover, Ukwala PM’s court had no jurisdiction in 2019 to hear and determine a case of Murder.
4. The applicant appears not to understand his own case that led to his incarceration.
5. I find no substance in the application for sentence Review which is hereby dismissed.
6. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 19TH DAY OF OCTOBER, 2021
R.E. ABURILI
JUDGE