[2021] KEHC 7485 (KLR)
The High Court held that it lacks jurisdiction to further review or reduce a sentence after it has already exercised discretion and resentenced the applicant on appeal. Once the appeal was heard and the sentence reduced from twenty years to fifteen years imprisonment, the court became functus officio regarding the...
Source-derived case information.
- Citation
- [2021] KEHC 7485 (KLR)
- Parties
- Applicant: Gordon Omondi Manyange; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E067 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Revision Application After Appeal Judgment
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sentence Revision, Jurisdiction of High Court, Sexual Offences Act, Appeal Determination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gordon Omondi Manyange
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Revision Application After Appeal Judgment
Legal Issues
- 1 Whether the High Court has jurisdiction to further review a sentence after it has already exercised discretion and reduced the sentence on appeal.
- 2 Whether the applicant is entitled to a further reduction of sentence through a subsequent application after resentencing on appeal.
Ratio Decidendi
The High Court held that it lacks jurisdiction to further review or reduce a sentence after it has already exercised discretion and resentenced the applicant on appeal. Once the appeal was heard and the sentence reduced from twenty years to fifteen years imprisonment, the court became functus officio regarding the matter. Entertaining a subsequent application for sentence review would amount to the court sitting on appeal over its own decision, which is not permitted under the law. The application was therefore found to be devoid of merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. E067 OF 2021
GORDON OMONDI MANYANGE.............APPLICANT
VERSUS
REPUBLIC................................................RESPONDENT
(Application for sentence revision from Siaya HC CRA. NO.13 OF 2018, judgment delivered on 19th December, 2019 by
Hon. R.E. Aburili J from original Bondo PM. SO Case No. 272 of 2016 dated 4. 12. 2017 before
Hon. M. Obiero – Principal Magistrate)
RULING
1. The Applicant GORDON OMONDI MANYANGE seeks for sentence review. However, this court has been made aware of the fact that following his conviction by the lower court, He filed an appeal vide HCRA 13/2018 which was heard and determined by this court on 17/12/2019, dismissing the appeal against conviction and reducing sentence to 15 years imprisonment.
2. In the said Appeal, the appellant herein GORDON OMONDI MANYANGE was charged with the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act No. 3 of 2006. Particulars are that on the night of 27th and 28th December 2016 in Bondo location, Bondo Sub-County within Siaya County unlawfully intentionally caused his penis to penetrate the vagina of VAO [full name withheld] a child aged 12 years.
3. After the full trial, the appellant was found guilty of the offence of defilement. He was convicted and sentenced to serve the mandatory minimum sentence of twenty years imprisonment.
4. By this this application, the applicant still wants review of the said sentence by this very court that heard his appeal and reduced sentence to fifteen years imprisonment.
5. This application is misconceived and mischievous.
6. This court has no jurisdiction to review its own judgment where it exercised discretion and reduced sentence on appeal. In other words, this court cannot reduce sentence further through other proceedings, after resentencing the convict as was in this case.
7. Accordingly, the application is found to be devoid of merit and is hereby dismissed.
8. File closed.
9. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 27TH DAY OF APRIL 2021
R.E. ABURILI
JUDGE