[2021] KEHC 3699 (KLR)
The court found that it lacked jurisdiction to review or reduce a sentence already upheld by another High Court judge, as the petitioner had already exercised his right of appeal and chose not to pursue further appeal to the Court of Appeal. The petitioner did not demonstrate any breach of constitutional rights that...
Source-derived case information.
- Citation
- [2021] KEHC 3699 (KLR)
- Parties
- Appellant: Gordon Okatch Oketch; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E040 of 2021
- Procedural Posture
- Criminal Petition / Judgment
- Outcome
- petition dismissed
- Judges
- RPV Wendoh
- Legal Topics
- Defilement Offence, Sentencing, Appeal Procedure, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gordon Okatch Oketch
Appellant
Republic
Respondent
Procedural Posture
Criminal Petition / Judgment
Legal Issues
- 1 Whether the High Court has jurisdiction to review or reduce a sentence already upheld on appeal by another High Court judge.
- 2 Whether the petitioner's constitutional rights were breached warranting intervention under constitutional provisions.
- 3 Whether rehabilitation of the petitioner is a sufficient ground for reduction of sentence.
Ratio Decidendi
The court found that it lacked jurisdiction to review or reduce a sentence already upheld by another High Court judge, as the petitioner had already exercised his right of appeal and chose not to pursue further appeal to the Court of Appeal. The petitioner did not demonstrate any breach of constitutional rights that would warrant intervention under the constitutional provisions cited. Rehabilitation alone was not considered a sufficient ground for sentence reduction in the absence of jurisdiction or a demonstrated violation of rights. Consequently, the petition was dismissed for lack of merit.
Court Disposition
petition dismissed
Orders
- The petition is dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL PETITION NO. E040 OF 2021
GORDON OKATCH OKETCH............................................APPELLANT
-versus-
REPUBLIC.......................................................................... RESPONDENT
JUDGMENT
The PetitionerGordon Okatch Oketch,was convicted and sentenced to thirty (30) years imprisonment for the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act in Criminal case No. 89 of 2007 (Senior Resident Magistrate Rongo). He appealed in Migori HCRA 32 OF 2017 and J. Mrima dismissed the said appeal on 24/5/2018.
The petitioner has now moved this court under Articles 22, 23, 25 and 165 of the Constitution Section 354 of the Criminal Procedure Code and Articles 50(2)(q) of the Constitution praying that the court do exercise leniency and reduce his sentence because he has been rehabilitated.
Mr. Kimanthi the prosecution counsel opposed the Petition for reasons that the petitioner deponed his supporting affidavit that he did not appeal to the court of appeal because of lack of grounds; that he is bound by the pleadings that if he had any issues to raise on appeal, he should have raised all of them before J. Mrima when he heard the appeal. He urged this court to dismiss the petition.
I have considered the petition. Though the petitioner has invoked constitutional provisions, he never alluded to breach of any of his constitutional rights.
The petitioner admitted to having been heard on appeal by J. Mrima. The appeal was dismissed. He decided not to appeal because he had no grounds upon which to appeal. This court has no supervisory jurisdiction over the decision of another High Court. If the petitioner is aggrieved by J. Mrima’s decision, he should move to the court of appeal for redress.
The petition lacks merit and is hereby dismissed.
DELIVERED, DATED AND SIGNED AT MIGORI THIS 23RD DAY OF SEPTEMBER, 2021.
R. WENDOH
JUDGE