[2022] KEHC 18094 (KLR)
The High Court held that it lacks jurisdiction to review a sentence imposed by a court of equal jurisdiction, as doing so would amount to sitting on appeal over a judgment and sentence of a court of similar jurisdiction. The applicant's plea for a non-custodial sentence, based on her personal circumstances and...
Source-derived case information.
- Citation
- [2022] KEHC 18094 (KLR)
- Parties
- Applicant: Esther Mudenyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Revision Case E235 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- REA Ougo
- Legal Topics
- Murder Sentencing, Sentence Review, Jurisdictional Limits, Non Custodial Sentence, Appeal Vs Revision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Mudenyo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to review a sentence imposed by a court of equal jurisdiction.
- 2 Whether the applicant is entitled to a non-custodial sentence considering her personal circumstances.
Ratio Decidendi
The High Court held that it lacks jurisdiction to review a sentence imposed by a court of equal jurisdiction, as doing so would amount to sitting on appeal over a judgment and sentence of a court of similar jurisdiction. The applicant's plea for a non-custodial sentence, based on her personal circumstances and conduct in prison, could not be entertained in a revision application where the sentencing court was of equal status. The application was found to have no merit and was dismissed accordingly.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- File is closed.
Full Case Text
Judgment text and source record
18 paragraphs
Mudenyo v Republic (Revision Case E235 of 2022) [2022] KEHC 18094 (KLR) (14 December 2022) (Ruling)
Neutral citation: [2022] KEHC 18094 (KLR)
Republic of Kenya
In the High Court at Bungoma
Revision Case E235 of 2022
REA Ougo, J
December 14, 2022
Between
Esther Mudenyo
Applicant
and
Republic
Respondent
Ruling
1. Esther Mudenyo the applicant was convicted on the 23. 3.2018 and sentenced to serve 20 years for the offence of murder under Section 204 of the Penal Code. She pleads that she is a young mother and her young children are suffering that the period she had been in prison she has maintained high standards of discipline and that the court should consider her background and family ties and that she has been separated from her family. She therefore seeks non custodial sentence.
2. The application was opposed by the Respondnet. M/s Omondi for the state submitted hat the applicant was convicted for murder and sentenced to 20 years imprisonment. That the trial court properly exercised its discretion in giving the said sentence for the offence she was convicted of attracts a death sentence that the application should be dismissed.
3. The court which sentenced the accused is a court of equal jurisdiction. I cannot review the sentence imposed as it amounts to sitting on appeal in a judgment and sentence of a court of similar jurisdiction. I find that the applicants application cannot stand. It has no merit and is dismissed. File is closed.
DATED, SIGNED, AND DELIVERED AT BUNGOMA THIS 14TH DAY OF DECEMBER, 2022R.E. OUGOJUDGEIn the presence of:Ms Omondi – State CounselMs Wilkister – Court Assistant.Esther Mudenyo – Appellant: present online.