[2021] KEHC 1504 (KLR)
The court held that it had already exercised its discretion in reducing the applicant's sentence from life imprisonment to 15 years on appeal. Entertaining a further application for reduction of sentence would amount to an abuse of court process and the court is functus officio, lacking jurisdiction to revisit its...
Source-derived case information.
- Citation
- [2021] KEHC 1504 (KLR)
- Parties
- Applicant: Moses Owuoth Migele; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E121 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Reduction of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Reduction, Abuse of Process, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Owuoth Migele
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Reduction of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to further reduce the applicant's sentence after having already exercised its discretion on appeal.
- 2 Whether the applicant's application for further reduction of sentence constitutes an abuse of court process.
Ratio Decidendi
The court held that it had already exercised its discretion in reducing the applicant's sentence from life imprisonment to 15 years on appeal. Entertaining a further application for reduction of sentence would amount to an abuse of court process and the court is functus officio, lacking jurisdiction to revisit its earlier decision. The application was therefore dismissed as mischievous and an abuse of process.
Court Disposition
application dismissed
Orders
- The application for further reduction of sentence is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E121 OF 2021
CORAM: R.E. ABURILI, J
MOSES OWUOTH MIGELE................................................................................APPLICANT
VERSUS
REPUBLIC..........................................................................................................RESPONDENT
(Being an Application for reduction of sentence arising from conviction and sentence of the
Principal Magistrate’s Court at Siaya in Criminal Case No. 312 of 2016 and
HCCRA No. 130/2017)
RULING
1. The applicant was convicted of the offence of Manslaughter contrary to section 202 of the Penal Code vide Siaya PM Cr. 312/2016 and sentenced to serve life imprisonment. He appealed to this court vide HCRA 130 of 2017 and his appeal against sentence was allowed, setting aside the life imprisonment and substituting it with a very lenient sentence of 15 years imprisonment. He now wants to have a second bite at the cherry by seeking for further reduction of sentence.
2. The applicant/convict is abusing court process. He must be stopped with an order that this application is mischievous, and an abuse of court process as this court is deprived of any further jurisdiction to interfere with its earlier judicial discretion.
3. The application is dismissed.
4. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 3RD DAY OF DECEMBER, 2021
R.E. ABURILI
JUDGE