[2020] KEHC 7036 (KLR)
The court held that it lacks jurisdiction to reduce a sentence imposed by a court of concurrent jurisdiction in a murder trial. The application for sentence reduction was therefore dismissed as being devoid of substance.
Source-derived case information.
- Citation
- [2020] KEHC 7036 (KLR)
- Parties
- Applicant: Julius Oduor Agola; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 6 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Reduction
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Reduction, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Oduor Agola
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Reduction
Legal Issues
- 1 Whether the High Court has jurisdiction to reduce a sentence imposed by a court of concurrent jurisdiction in a murder trial.
Ratio Decidendi
The court held that it lacks jurisdiction to reduce a sentence imposed by a court of concurrent jurisdiction in a murder trial. The application for sentence reduction was therefore dismissed as being devoid of substance.
Court Disposition
application dismissed
Orders
- The application for sentence reduction in Siaya High Court Criminal Case No. 29 of 2015 is dismissed.
- File closed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT SIAYA
MISCELLEANOUS CRIMINAL APPLICATION NO. 6 OF 2020
JULIUS ODUOR AGOLA ..................APPLICANT
VERSUS
REPUBLIC........................................RESPONDENT
(Application for sentence reduction in Siaya High Court Criminal Case NO. 29 of 2015 delivered on 26/7/2017 (Hon. J. MAKAU, Judge)
RULING
1. I have considered the application for sentence reduction by the applicant JULIUS ODUOR AGOLAconvict. This Court lacks jurisdiction to reduce sentence imposed by a Court of concurrent jurisdiction in a murder trial.
2. Accordingly, the application for sentence reduction in Siaya High Court Criminal Case No. 29 of 2015 is hereby found to be devoid of substance and the same is hereby dismissed.
3. File Closed.
4. Orders accordingly.
Dated, Signed and Delivered at Siaya this 10th day of February, 2020.
R.E. ABURILI
JUDGE