[2019] KEHC 6177 (KLR)
The court determined that it has no jurisdiction to review or remit a sentence after an appeal has been heard and dismissed. The power to grant remission of sentence lies exclusively with the executive branch, not the judiciary. Consequently, the application for review or remission of sentence was dismissed for want...
Source-derived case information.
- Citation
- [2019] KEHC 6177 (KLR)
- Parties
- Applicant: Joseph Omondi Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 10 of 2019
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Remission of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Omondi Odhiambo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to review or remit a sentence after an appeal has been heard and dismissed.
Ratio Decidendi
The court determined that it has no jurisdiction to review or remit a sentence after an appeal has been heard and dismissed. The power to grant remission of sentence lies exclusively with the executive branch, not the judiciary. Consequently, the application for review or remission of sentence was dismissed for want of jurisdiction.
Court Disposition
application dismissed
Orders
- The application filed on 9/5/2019 seeking review or remission of sentence is declined and dismissed.
- File is closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. 10 OF 2019
(CORAM: R. E. ABURILI - J.)
JOSEPH OMONDI ODHAMBO.................................................APPLICANT
VERSUS
REPUBLIC...................................................................................RESPONDENT
RULING
1. I have considered the applicant’s application filed on 9/5/2019. I find that this court has no jurisdiction to review sentence where the appellant appealed and lost the appeal. The court cannot grant remission of sentence. This is in the purview of the executive arm of government
2. The application filed on 9/5/2019 seeking for review or remission of sentence is declined and is hereby dismissed. File is closed.
Dated, signed and delivered in open court at Siaya this 10th Day of June 2019.
R.E. ABURILI
JUDGE
In the Presence of:
Mr. Okachi, SPPC for State
Court Assistants: Brenda and Modestar
Applicant, Joseph Omondi Odhiambo (present in person)