[2020] KEHC 8967 (KLR)
The court determined that it does not possess jurisdiction to commute a prison sentence in the circumstances presented. As a result, the application was found to be incompetent and was dismissed accordingly.
Source-derived case information.
- Citation
- [2020] KEHC 8967 (KLR)
- Parties
- Applicant: Godfrey Ochieng Ogolla; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 2 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of High Court, Commutation of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Godfrey Ochieng Ogolla
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to commute a prison sentence.
Ratio Decidendi
The court determined that it does not possess jurisdiction to commute a prison sentence in the circumstances presented. As a result, the application was found to be incompetent and was dismissed accordingly.
Court Disposition
application dismissed
Orders
- The application is dismissed for being incompetent.
- This file is closed.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISCELLEANOUS CRIMINAL APPLICATION NO. 2 OF 2020
GODFREY OCHIENG OGOLLA..........................................APPLICANT
VERSUS
REPUBLIC.............................................................................RESPONDENT
RULING
1. This court has no jurisdiction to commute prison sentence. The application is dismissed for being incompetent.
2. This file is closed.
Dated, Signed and Delivered at Siaya this 29th Day of January, 2020.
R.E. ABURILI
JUDGE