[2024] KEHC 8044 (KLR)
The court held that it lacked jurisdiction to further review or reduce the applicant's sentence from 30 years' imprisonment to a Community Service Order, as the sentence had already been reviewed and substituted from death to 30 years' imprisonment in a prior proceeding. The court emphasized the finality of the...
Source-derived case information.
- Citation
- [2024] KEHC 8044 (KLR)
- Parties
- Applicant: Charles Tuju Meso; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E066 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application for review of sentence dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Murder Conviction, Community Service Order, Life Imprisonment, Resentencing
- 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
Charles Tuju Meso
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the court has jurisdiction to further review a sentence already revised from death to 30 years' imprisonment.
- 2 Whether the applicant is entitled to a further reduction of sentence to a Community Service Order.
Ratio Decidendi
The court held that it lacked jurisdiction to further review or reduce the applicant's sentence from 30 years' imprisonment to a Community Service Order, as the sentence had already been reviewed and substituted from death to 30 years' imprisonment in a prior proceeding. The court emphasized the finality of the resentencing process and the gravity of the offence of murder, for which the applicant was convicted. Accordingly, the applicant is required to serve the remainder of his sentence in full.
Court Disposition
application for review of sentence dismissed
Orders
- The application for review of sentence to a Community Service Order is dismissed.
- The applicant shall serve the remainder of the 30-year sentence in full.
Full Case Text
Judgment text and source record
25 paragraphs
Meso v Republic (Miscellaneous Criminal Application E066 of 2023) [2024] KEHC 8044 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 8044 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E066 of 2023
RE Aburili, J
June 28, 2024
Between
Charles Tuju Meso
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Kisumu High Court Criminal Case No. 28 of 2006)
Ruling
1. The Applicant is Charles Tuju Meso. He was convicted and sentenced to death vide Kisumu High Court Criminal Case No. 28 of 2006.
2. The death sentence was in 2016 commuted to life imprisonment.
3. He petitioned for resentencing vide HCCR Petition No. E006 of 2020 and vide Ruling of 16th March 2021, the death sentence was set aside and substituted with 30 years’ imprisonment, to run from the date when he was first arrested.
4. The convict now prays for review of sentence to Community Service Order.
5. I find no jurisdiction to revise the 30 year prison further to a non-custodial sentence as the court already reviewed the sentence.
6. The convict will serve the remainder of the sentence in full considering the heinous offence of murder, for which he was convicted.
7. I so order.
8. Signal to issue.
9. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28TH DAY OF JUNE, 2024. R. E. ABURILI.....................................JUDGEI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR