[2021] KEHC 5313 (KLR)
The court held that it had already exercised its jurisdiction and discretion in resentencing the applicant from 10 years to 5 years imprisonment, taking into account the period spent in custody and mitigation. There was no new legal basis or merit in the application for further sentence review. The court found that...
Source-derived case information.
- Citation
- [2021] KEHC 5313 (KLR)
- Parties
- Applicant: Michael Onyango Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E021 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Sentencing Principles, Sentence Review, Sexual Offences Act Application
- 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
Michael Onyango Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the court has jurisdiction to further review or reduce the applicant's sentence after resentencing.
- 2 Whether there is legal merit or basis for the applicant's request for sentence review.
Ratio Decidendi
The court held that it had already exercised its jurisdiction and discretion in resentencing the applicant from 10 years to 5 years imprisonment, taking into account the period spent in custody and mitigation. There was no new legal basis or merit in the application for further sentence review. The court found that its jurisdiction to further reduce the sentence was exhausted, and therefore dismissed the application as lacking in merit and legal foundation.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed.
- File closed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION E021 OF 2021
MICHAEL ONYANGO OCHIENG...........................APPLICANT
VERSUS
REPUBLIC.................................................................RESPONDENT
(Revision Application from the judgment, conviction and sentence in UKWALA SRM’S MAGISTRATES COURT NO. 38 OF 2021 by HON. G. ADHIAMBO – S.R.M., HC CRA 131 2016 OF 2016 BY HON J.A. MAKAU - J)
RULING
1. Michael Onyango Ochieng was convicted for the offence of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act.He was sentenced to serve 10 years imprisonment.
2. He filed an appeal before this court vide High Court Criminal Appeal Number 131 of 2016 which appeal was against conviction and sentence. However, at the hearing, he withdrew the challenge against conviction and implored the court to consider sentence reduction (resentencing) after he mitigated. As the convict had been sentenced to a minimum sentence under section 8(3) of the Sexual Offences Act, the court exercised discretion, taking into account the period spent in custody and prison prior to the trial hearing of the appeal, and resentenced him vide judgment delivered on 8. 3.2021 to serve 5 years imprisonment to run from 3. 10. 2016 when he was sentenced in the lower court.
3. He is now before court for sentence review. Regrettably, this court has exhausted its jurisdiction and discretion in sentencing. I have considered the Probation Report filed on 15. 6.2021. I find the application lacking in merit and legal basis and proceed to dismiss it.
4. Filed Closed.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 30TH DAY OF JUNE, 2021
R.E. ABURILI
JUDGE