[2021] KEHC 7588 (KLR)
The High Court dismissed the petition for sentence revision on the basis that it lacks jurisdiction to interfere with or revise sentences that have already been reviewed and determined by the Court of Appeal. The court acknowledged the petitioner's rehabilitation and remorse but held that these factors do not...
Source-derived case information.
- Citation
- [2021] KEHC 7588 (KLR)
- Parties
- Appellant: Humphrey Wanyama; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 10 of 2020
- Procedural Posture
- Criminal Petition / Judgment
- Outcome
- petition dismissed
- Judges
- DO Ohungo
- Legal Topics
- Robbery With Violence, Sentencing Revision, Non Custodial Sentence, Rehabilitation, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Humphrey Wanyama
Appellant
Republic
Respondent
Procedural Posture
Criminal Petition / Judgment
Legal Issues
- 1 Whether the High Court has jurisdiction to revise a sentence already determined by the Court of Appeal.
- 2 Whether the petitioner is entitled to a non-custodial sentence based on rehabilitation and remorsefulness.
Ratio Decidendi
The High Court dismissed the petition for sentence revision on the basis that it lacks jurisdiction to interfere with or revise sentences that have already been reviewed and determined by the Court of Appeal. The court acknowledged the petitioner's rehabilitation and remorse but held that these factors do not empower it to override the appellate court's final orders. The legal framework and judicial hierarchy restrict the High Court from revisiting matters conclusively settled by a superior court, and thus the petition had no merit.
Court Disposition
petition dismissed
Orders
- The petition for revision of sentence is dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
CRIMINAL PETITION NO 10 OF 2020
HUMPHREY WANYAMA..............................................................................PETITIONER
VERSUS
REPUBLIC....................................................................................................RESPONDENT
JUDGMENT
1. The petitioner(HUMPHREY WANYAMA)was convicted on a charge of robbery with violence contrary toSection 296 (2)of thePenal Codeand sentenced to serve 30 years’ imprisonment in Eldoret CMCRC No. 326 of 2010. The victim VICTOR ODHIAMBO (a taxi operator) was robbed of his car make TOYOTA COROLLA, phone, radio and cash, the total value being 192,200 by that appellant and others who were armed with knives. The robbers had posed as customers who wanted to engage taxi hire services.
2. He appealed against the conviction and sentence in HCCrA No 158 of 2011 and the sentence was reduced on 24/09/2018 and substituted with a period of 15 years which was to run from the date of conviction.
3. He has now petitioned this court to revise the sentence and consider giving him a non-custodial sentence, saying he is remorseful and is fully rehabilitated. He has attached certificates showing the different skills including spiritual rehabilitation programmes he has acquired while in prison. A letter dated 28/05/2019 by the officer in charge of welfare at the Eldoret Main Prison describes the petitioner as hardworking, obedient, and with a high level of discipline.
4. In opposing the petition, Miss Okok on behalf of the DPP points out that after being sentenced in the lower court in 2 cases i.e. 326 of 2010 and 327 of 2010, the appellant filed HCCRA No 24 of 2012 which was dismissed in its entirety. He then filed Eld CrAppeal No 49 of 2017 before the Court of Appeal, and the sentence was reduced to 20 years. He then filed Misc CR Application No 180 of 2018, seeking to have sentences in the two cases consolidated, and this was dismissed by the High Court on grounds of lack of jurisdiction to interfere with the orders of the Court of Appeal. The Court of Appeal in CACr No 49 of 2017 in setting aside the death sentence in Eld CMCrC No 327 of 2010 ordered that the sentences were to run consecutively.
5. The petitioner does not dispute this chain of events. Much as I sympathize with his plights, this court cannot begin to revise what the superior court; directions and I need not delve more into the matter. The opposition to the petition is merited, and the petition be and is hereby dismissed.
VIRTUALLY-DELIVERED AND DATED THIS 17TH DAY OF MARCH 2021 AT ELDORET
H. A. OMONDI
JUDGE