[2021] KEHC 5534 (KLR)
The High Court held that it had already exercised and exhausted its discretion regarding the applicant's sentence when it dismissed his appeal against conviction and sentence. The court found that it lacked jurisdiction to further revise or reduce the sentence, as doing so would amount to sitting on its own appeal,...
Source-derived case information.
- Citation
- [2021] KEHC 5534 (KLR)
- Parties
- Applicant: Joseph Onyango Okaka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E060 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision After Dismissal of Appeal
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Grievous Harm, Penal Code Section 234, Appellate Jurisdiction, Finality of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Joseph Onyango Okaka
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision After Dismissal of Appeal
Legal Issues
- 1 Whether the High Court has jurisdiction to revise or reduce a sentence after it has already pronounced itself on the same sentence on appeal.
- 2 Whether the sentence of seven years imprisonment for grievous harm is excessive or warrants further revision.
Ratio Decidendi
The High Court held that it had already exercised and exhausted its discretion regarding the applicant's sentence when it dismissed his appeal against conviction and sentence. The court found that it lacked jurisdiction to further revise or reduce the sentence, as doing so would amount to sitting on its own appeal, which is not permissible in law. The court further noted that the sentence of seven years imprisonment for grievous harm, an offence punishable by up to life imprisonment, was lenient and did not warrant any further interference. Accordingly, the application for revision was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION E060 OF 2021
JOSEPH ONYANGO OKAKA........................................................APPLICANT
VERSUS
REPUBLIC....................................................................................RESPONDENT
(Application for sentence revision from the judgment, conviction and sentence in SIAYA PM’S MAGISTRATE’S COURT NO. 609 OF 2018 delivered on 23/11/2018 by Hon James Ongondo, Principal Magistrate)
RULING
1. The Applicant herein Joseph Onyango Okaka was convicted of the offence of grievous harm contrary to section 234 of the Penal Code after a full trial vide Siaya Principal Magistrate’s Criminal Case Number 609 of 2018. He was sentenced to serve seven (7) years imprisonment. He appealed to this court vide Siaya High Court Criminal Appeal Number 66 of 2018 which appeal against conviction and sentence was dismissed on 5th May 2020. He has not lodged any appeal to the Court of Appeal.
2. He is now seeking for sentence Revision. The Probation Officer’s Report filed in this Court on 11. 6.2021 says that he is remorseful and willing to serve community service.
3. It is important for our probation officers to appreciate the fact that once this court has pronounced itself on a matter substantially by way of a judgment on appeal and more so on sentence, it has no power to revisit that matter and reduce or revise the sentence further.
4. Further, an offence of grievous harm attracts up to life imprisonment and therefore seven years imprisonment which was upheld by this court on appeal is lenient enough not to warrant any further interference or Review. To do otherwise would, in this case, be tantamount to sitting on my own appeal.
5. I decline the request and dismiss, the application for revision, noting that the discretion of this court was fully exercised and exhausted.
6. Orders accordingly.
7. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 28TH DAY OF JUNE, 2021
R. E. ABURILI
JUDGE