[2021] KEHC 3846 (KLR)
The court found that the applicant failed to demonstrate any irregularity, illegality, or violation of constitutional rights in the proceedings leading to his conviction and sentencing. There was no evidence of an appeal or any constitutional issue raised that would warrant the court's intervention. Accordingly, the...
Source-derived case information.
- Citation
- [2021] KEHC 3846 (KLR)
- Parties
- Applicant: Julius Omondi Odero; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E092 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Sexual Offences, Constitutional Rights Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Omondi Odero
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to review a sentence lawfully imposed by the trial court in the absence of an appeal or evidence of irregularity or illegality.
- 2 Whether the applicant has demonstrated any violation of constitutional rights warranting sentence review.
Ratio Decidendi
The court found that the applicant failed to demonstrate any irregularity, illegality, or violation of constitutional rights in the proceedings leading to his conviction and sentencing. There was no evidence of an appeal or any constitutional issue raised that would warrant the court's intervention. Accordingly, the High Court lacks judicial discretion to review a sentence lawfully imposed by the trial court in such circumstances. The application was therefore dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for sentence review filed on 10/8/2021 is dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. E092 OF 2021
CORAM: HON. R.E. ABURILI, J
JULIUS OMONDI ODERO....................................................................APPLICANT
VERSUS
REPUBLIC............................................................................................RESPONDENT
(Being an Application for Sentence Review against sentence in Ukwala Senior Resident Magistrate’s Court in Cr. Case No. 200 of 2014)
RULING
1. The Applicant herein Julius Omondi Odero by his application filed on 10/8/2021 claims that he was convicted for the offence of rape contrary to Section 140 of the Sexual Offences Act and sentenced to 15 years imprisonment vide Ukwala SRM Cr. Sexual Offence No. 200 of 2014. He is now before this court seeking for sentence Review under Article 22(1) and 23(3) of the Constitution.
2. He asserts that he has done a course of carpentry and joinery and obtained grade test 3 and 2 in prison which will help his life. That he is a first offender and has a young family. No Affidavit is sworn to accompany the application by way of Notice of Motion.
3. The applicant does not state whether he filed any appeal against conviction and sentence and or the outcome thereof.
4. I have considered the application for review of sentence lawfully imposed by the trial court. There is no evidence of any appeal lodged.
5. The applicant has cited Articles 22 and 23 of the Constitution which relate to Enforcement of Bill of Rights and Authority of Court to uphold and enforce the Bill of Rights respectively. He has however not disclosed any of his constitutional rights that have been violated by the 15 years imprisonment that he is lawfully serving.
6. In the absence of an appeal and or evidence or irregularity or illegality of proceedings leading to the conviction and sentencing of the applicant herein by the lower court, this court does not enjoy any judicial discretion to review lawful proceedings and sentence imposed by the lower court.
7. Accordingly, the application filed on 10/8/2021 is found to be devoid of any merit and is hereby dismissed.
8. File closed.
9. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 16TH DAY OF SEPTEMBER 2021
R.E. ABURILI
JUDGE