[2023] KEHC 18041 (KLR)
The High Court lacks jurisdiction to revise a sentence imposed by a judge of concurrent jurisdiction in the absence of an appeal. The applicant's request to serve the remainder of his sentence on a non-custodial basis is not properly before the court as a revision application. Even if jurisdiction existed, the...
Source-derived case information.
- Citation
- [2023] KEHC 18041 (KLR)
- Parties
- Applicant: Joseph Nawoi Logilae; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Lodwar
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E067 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Non Custodial Sentence
- Outcome
- application dismissed
- Judges
- JK Sergon
- Legal Topics
- Manslaughter, Sentencing Revision, Jurisdiction of High Court, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Nawoi Logilae
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Non Custodial Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to revise a sentence imposed by a judge of concurrent jurisdiction.
- 2 Whether the applicant has provided sufficient grounds for the revision of his custodial sentence to a non-custodial sentence.
Ratio Decidendi
The High Court lacks jurisdiction to revise a sentence imposed by a judge of concurrent jurisdiction in the absence of an appeal. The applicant's request to serve the remainder of his sentence on a non-custodial basis is not properly before the court as a revision application. Even if jurisdiction existed, the applicant failed to present sufficient grounds to warrant interference with the sentence. The proper avenue for challenging the sentence was by way of appeal, not revision. Consequently, the application is incompetent and is disallowed.
Court Disposition
application dismissed
Orders
- The applicant's oral application for revision of sentence to a non-custodial sentence is disallowed.
Full Case Text
Judgment text and source record
22 paragraphs
Logilae v Republic (Criminal Revision E067 of 2021) [2023] KEHC 18041 (KLR) (12 May 2022) (Ruling)
Neutral citation: [2023] KEHC 18041 (KLR)
Republic of Kenya
In the High Court at Lodwar
Criminal Revision E067 of 2021
JK Sergon, J
May 12, 2022
Between
Joseph Nawoi Logilae
Applicant
and
Republic
Respondent
Ruling
1. Joseph Nawoi Logilae, the applicant herein was tried on a charge of murder contrary to section 203 as read with section 204 of the Penal Code. The Particulars of the offence are that on 28th day of March, 2014 at Kakuma refugee camp in Turkana County murdered William Kadoli.
2. The Hon Mr Justice Riechi heard the case and in the end he convicted the applicant for the lesser charge of manslaughter contrary to section 205 of the Penal Code and sentenced him to serve 10 years imprisonment.
3. The applicant is now before this court seeking to serve the remainder of the sentence on a non-custodial sentence.
4. Mr Kahuthu, learned state counsel urged this court not to interfere with the sentence and leave the applicant to serve his sentence in full.
5. I have considered the rival arguments. It is apparent that the applicant is beseeching this court to revise the sentence to enable him serve a non-custodial sentence. The order on sentence was made by a judge of concurrent jurisdiction and I do not think this court has jurisdiction to interfere with the sentence in exercise of the revisionary power of this court.
6. Even if, this court had jurisdiction to entertain such an application, I am not convinced that the applicant has put forward sound grounds to sustain it. If the applicant was dissatisfied with the decision on sentence, he had the option to challenge the same on appeal and not by prompting this court to exercise its revisionary power.
7. In the end I find the applicant’s oral application to be incompetent and inappropriate. The same is disallowed.
DATED, SIGNED AND DELIVERED THIS 12TH DAY OF MAY, 2022……………………………..J. K. SERGONJUDGEIn the presence of: -Mr. Kahuthu for the StateAccuseds presentCourt Assistant: Biwott