[2022] KEHC 18048 (KLR)
The High Court lacks jurisdiction to resentence or reduce a sentence imposed by another court of equal jurisdiction. The applicant's request for sentence reduction is therefore without merit, as the proper avenue for challenging or altering a sentence is through appeal to a higher court, not by way of a fresh...
Source-derived case information.
- Citation
- [2022] KEHC 18048 (KLR)
- Parties
- Applicant: Jocktan Mayende; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E038 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Reduction
- Outcome
- application dismissed
- Judges
- REA Ougo
- Legal Topics
- Sentence Reduction, Jurisdiction of High Court, Murder Sentencing, Resentencing Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jocktan Mayende
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Reduction
Legal Issues
- 1 Does the High Court have jurisdiction to reduce a sentence imposed by a court of equal jurisdiction?
- 2 Is there merit in the applicant's request for sentence reduction after conviction for murder?
Ratio Decidendi
The High Court lacks jurisdiction to resentence or reduce a sentence imposed by another court of equal jurisdiction. The applicant's request for sentence reduction is therefore without merit, as the proper avenue for challenging or altering a sentence is through appeal to a higher court, not by way of a fresh application before a court of the same level. The trial judge had already considered all relevant factors, including mitigation and the applicant's status as a first offender, when imposing the 12-year sentence for murder, which itself is less than the statutory maximum. Accordingly, the application is dismissed for want of jurisdiction and lack of merit.
Court Disposition
application dismissed
Orders
- The application for sentence reduction is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
17 paragraphs
Mayende v Republic (Miscellaneous Criminal Application E038 of 2021) [2022] KEHC 18048 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 18048 (KLR)
Republic of Kenya
In the High Court at Bungoma
Miscellaneous Criminal Application E038 of 2021
REA Ougo, J
December 20, 2022
Between
Jocktan Mayende
Applicant
and
Republic
Respondent
Ruling
1. Jocktan Mayende was sentenced to serve 12 years for murder on the March 29, 2018. He now seeks a reduction of the sentence. As submitted the penalty for the offence of murder is still a death sentence. In sentencing the accused to 12 years the trial judge considered the facts, the applicants mitigation and the fact he is a first offender.
2. The applicant is back again in the High court to have the sentence reduced. This court lacks the jurisdiction to do so as the court that sentenced the applicant is a court of equal jurisdiction and I cannot resentence the applicant. I am not saying that he got off with a light sentence. There is no merit in his application and its dismissed. File is closed.
DATED, SIGNED, AND DELIVERED AT BUNGOMA IN OPEN COURT THIS 20TH DAY OF DECEMBER, 2022R.E. OUGOJUDGEIn the presence of:Ms Omondi – State CounselMs Wilkister – Court Assistant.Applicant : Jocktan Mayende – present online.