[2020] KEHC 1559 (KLR)

[2020] KEHC 1559 (KLR)

The court held that it lacks jurisdiction to remit or reduce a sentence imposed by the trial court after conviction. The power to grant remission of sentence is exclusively vested in the prison authorities under the relevant statutory framework. The applicant's remorse and the portion of the sentence already served...

Source-derived case information.

Citation
[2020] KEHC 1559 (KLR)
Parties
Applicant: Ibrahim Onyango Omondi; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Criminal Revision E009 of 2020
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Outcome
application dismissed
Judges
RE Aburili
Legal Topics
Arson, Sentencing, Revision of Sentence
Source Language
en
Criminal Law Arson Sentencing Revision of Sentence

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Parties

Ibrahim Onyango Omondi

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Application for Revision of Sentence

Legal Issues

  1. 1 Whether the High Court has jurisdiction to remit or reduce a sentence imposed by the trial court.
  2. 2 Whether the applicant is entitled to a reduction of sentence based on remorse and time served.

Ratio Decidendi

The court held that it lacks jurisdiction to remit or reduce a sentence imposed by the trial court after conviction. The power to grant remission of sentence is exclusively vested in the prison authorities under the relevant statutory framework. The applicant's remorse and the portion of the sentence already served do not provide a legal basis for the court to interfere with the sentence at this stage, especially in the absence of an appeal or demonstrated illegality or impropriety in the original sentencing. Consequently, the application for revision of sentence was found to be without merit and was dismissed.

Court Disposition

application dismissed

Orders

  • The application for revision of sentence is dismissed.
  • File closed.