[2023] KEHC 25207 (KLR)
The High Court lacks jurisdiction to revise or re-examine a sentence that has already been revised by a judge of concurrent jurisdiction. The applicant's request effectively seeks to have the court sit on appeal or revision over an order of a judge of equal status, which is not permitted by the Constitution or any...
Source-derived case information.
- Citation
- [2023] KEHC 25207 (KLR)
- Parties
- Applicant: Alphonce Onyango Muhonya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E049 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- DO Ogembo
- Legal Topics
- Revision of Sentence, Jurisdiction of High Court, Defilement Offence, Concurrent Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alphonce Onyango Muhonya
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Does the High Court have jurisdiction to revise a sentence already revised by a judge of concurrent jurisdiction?
- 2 Is the applicant entitled to further reduction of sentence after the appellate court already revised the sentence?
Ratio Decidendi
The High Court lacks jurisdiction to revise or re-examine a sentence that has already been revised by a judge of concurrent jurisdiction. The applicant's request effectively seeks to have the court sit on appeal or revision over an order of a judge of equal status, which is not permitted by the Constitution or any statute. Therefore, the application for further revision of sentence is without merit and must be dismissed for want of jurisdiction.
Court Disposition
application dismissed
Orders
- The application for revision of sentence filed on 19/4/2023 is dismissed wholly.
Full Case Text
Judgment text and source record
22 paragraphs
Muhonya v Republic (Miscellaneous Criminal Application E049 of 2023) [2023] KEHC 25207 (KLR) (9 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25207 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E049 of 2023
DO Ogembo, J
November 9, 2023
Between
Alphonce Onyango Muhonya
Applicant
and
Republic
Respondent
Ruling
1. The applicant, Alphonce Onyango Muhonya filed a notice of Motion application herein on 19-4-2023. The same seeks revision of sentence of the applicant. The application is supported by an Affidavit sworn on 23-3-2023 in which the applicant depones that he was sentenced and convicted to life imprisonment for the offence of defilement. That on appeal, his sentence was reduced to 20 years imprisonment, one third of which he has served.
2. He has further deponed that he has served over 10 years in prison and has learned the hard way. Also that he has rehabilitated and learnt new skills while in prison.
3. The Prosecution has opposed this application on grounds that the appeal court already settled the issue of sentence.
4. I have considered this application and the submissions made to it by both the applicant and the State. I have also perused the judgment of the Hon. E.N. Maina (Judge) sitting on appeal and dated 24-7-2014. The Honourable Judge clearly dealt with the issue of sentence and accordingly revised the sentence of the applicant from the life imprisonment to 20 years imprisonment.
5. By asking this court to revise the order of the Hon. Justice E.N. Maina (above), the applicant is essentially asking the court to sit on appeal or revision over an order of a Judge of concurrent jurisdiction, not the Constitution nor any statute gives this court the jurisdiction to relook at or revise any findings or orders of a court of concurrent jurisdiction.
6. For lack of jurisdiction, I find the application of the applicant filed on 19/4/2023 lacking in merit. I dismiss the same wholly.
7. It is so ordered.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 9TH DAY OF NOVEMBER, 2023. D.O. OGEMBOJUDGE9. 11. 2023Court:Ruling read out in Open court in the presence of the applicant (from Kisumu Maximum Prison) and Mr. Kubebea for State.D.O. OGEMBOJUDGE9. 11. 2023