[2020] KEHC 6647 (KLR)
The High Court held that it lacks jurisdiction to reduce a sentence it previously imposed after an appeal has been determined, as this is the exclusive role of the Court of Appeal. The applicant, having failed to appeal to the Court of Appeal, cannot seek a reduction of sentence from the High Court. The sentence...
Source-derived case information.
- Citation
- [2020] KEHC 6647 (KLR)
- Parties
- Applicant: Ibrahim Abdi Hassan; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 32 of 2019
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Reduction of Sentence
- Outcome
- application dismissed
- Judges
- CM Kariuki
- Legal Topics
- Defilement, Sentencing, Appeals, Minimum Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ibrahim Abdi Hassan
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Reduction of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to reduce a sentence it previously imposed when the applicant has not appealed to the Court of Appeal.
- 2 Whether the applicant is entitled to a reduction of sentence in the circumstances.
Ratio Decidendi
The High Court held that it lacks jurisdiction to reduce a sentence it previously imposed after an appeal has been determined, as this is the exclusive role of the Court of Appeal. The applicant, having failed to appeal to the Court of Appeal, cannot seek a reduction of sentence from the High Court. The sentence imposed was based on the facts and circumstances of the case and was not unlawful. Therefore, the application for reduction of sentence is without merit and must be dismissed.
Court Disposition
application dismissed
Orders
- The application for reduction of sentence is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT GARISSA
CRIMINAL MISC. APPLICATION NO. 32 OF 2019
IBRAHIM ABDI HASSAN......................................APPLICANT
VERSUS
REPUBLIC.............................................................RESPONDENT
RULING
1. The applicant was convicted and jailed 15 years on his plea of guilty for offence of defilement of a girl aged 13 years.
2. He appealed vide High Court Criminal Appeal No. 80 of 2012 at Garissa whereof the court dismissed his appeal and enhanced his sentence to 20 years’ imprisonment.
3. He never appealed to the Court of Appeal but has now applied this court for reduction of sentence.
4. I note that in Criminal Case No. 1913 of 2010 at Garissa the trial court did not base sentence on mandatory minimum sentence prescriptive rule.
5. The court considered the mitigations and awarded 15 years which was by law mandatory minimum sentence of 20 years. The High Court in appeal enhanced the sentence to 20 years not on the basis of it being minimum sentence, but on the basis of the facts and the circumstances of the case.
6. This court cannot usurp the Court of Appeal role therefore to reduce High Court sentence. The applicant ought to have appealed against the sentence made by the High Court.
7. Thus, the court finds no merit in application and same is dismissed.
DATED, DELIVERED AND SIGNED AT GARISSA THIS 2ND DAY OF APRIL, 2020.
.......................
C. KARIUKI
JUDGE