[2021] KEHC 1919 (KLR)
The court held that it had already exercised its jurisdiction in the matter by reducing the applicant's sentence from 15 years to 10 years imprisonment on appeal, applying the relevant sentencing principles. As such, the court found it had no further jurisdiction to entertain a subsequent application for further...
Source-derived case information.
- Citation
- [2021] KEHC 1919 (KLR)
- Parties
- Applicant: Joackim Oluoch Nyambare; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E111 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Further Sentence Reduction
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Principles, Sexual Offences, Appellate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joackim Oluoch Nyambare
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Further Sentence Reduction
Legal Issues
- 1 Whether the High Court has jurisdiction to further reduce the applicant's sentence after a previous appeal and resentencing.
- 2 Whether the applicant is entitled to a non-custodial sentence after the sentence was already reduced on appeal.
Ratio Decidendi
The court held that it had already exercised its jurisdiction in the matter by reducing the applicant's sentence from 15 years to 10 years imprisonment on appeal, applying the relevant sentencing principles. As such, the court found it had no further jurisdiction to entertain a subsequent application for further reduction to a non-custodial sentence. The application was therefore dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for further reduction of sentence is declined and dismissed.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E111 OF 2021
CORAM: R.E. ABURILI, J
JOACKIM OLUOCH NYAMBARE.................................................................APPLICANT
VERSUS
REPUBLIC..........................................................................................................RESPONDENT
(Being an Application arising from conviction and sentence of the Principal Magistrate’s court at
Ukwala in Criminal Case No. 36 of 2017 by Hon G. Adhiambo, SRM
aNd HCRA 48 of 2017-Aburili J )
RULING
1. The applicant was convicted and sentenced to serve 15 years imprisonment for the offence of gang rape contrary to Section 3(1) of the Sexual Offences Act.
2. He appealed and the High Court in HCR 48/2017reduced the sentence to 10 years imprisonment on 7/9/2019, applying the principles laid down in Francis Muruatetu & another v R, [2017] e KLRand Jared Koita Injiri v R [2019] eKLR.He now seeks for further reduction of that sentence to non-custodial sentence.
3. This court has exhausted its jurisdiction in the matter. I find the application devoid of merit, the same is hereby declined and dismissed.
4. File closed.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 16TH DAY OF NOVEMBER, 2021
R.E. ABURILI
JUDGE