[2021] KEHC 5486 (KLR)
The High Court held that having already exercised its appellate jurisdiction by setting aside the life sentence and resentencing the applicant to seven years imprisonment, it cannot entertain a further application for sentence review. Entertaining such an application would amount to the court sitting on its own...
Source-derived case information.
- Citation
- [2021] KEHC 5486 (KLR)
- Parties
- Applicant: Nelson Wafula; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E084 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Sentence Review Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Manslaughter, Appeal on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nelson Wafula
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the High Court can review a sentence it has already imposed after an appeal has been determined.
- 2 Whether the application for further sentence review constitutes an abuse of court process.
Ratio Decidendi
The High Court held that having already exercised its appellate jurisdiction by setting aside the life sentence and resentencing the applicant to seven years imprisonment, it cannot entertain a further application for sentence review. Entertaining such an application would amount to the court sitting on its own appeal, which is contrary to established legal principles and constitutes an abuse of court process. The application for sentence review was therefore found to be misconceived and was dismissed.
Court Disposition
application dismissed
Orders
- The application for sentence review is declined and dismissed.
- File closed.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E084 OF 2021
CORAM: R.E. ABURILI, J
NELSON WAFULA………………............………...…........….......APPLICANT
VERSUS
REPUBLIC...............................….……........................................RESPONDENT
(Being an Application seeking sentence review in Siaya Principal Magistrate Court Cr. Case No. 323 of 2018 sentence passed on 25. 10. 2019 by Hon. J. O. Ongondo, Principal Magistrate) AND Siaya HCRA 78/2019 dated 5/5/2020)
RULING
1. The applicant Nelson Wafula was convicted of the offence of Manslaughter and sentenced to serve life imprisonment on 25/10/2019 by Hon. J. Ongondo, Principal Magistrate in Siaya PM Cr. Case No. 323 of 2018.
2. He appealed to this court vide Siaya HCRA 78/2019 which appeal was heard and determined on 5/5/2020 by this court.
3. The Appellant therein only challenged sentence at the hearing of his appeal.
4. This court after hearing the appeal against sentence and circumstances under which the offence was committed and mitigations, it set aside the life imprisonment imposed and resentenced the appellant to serve seven (7) years imprisonment.
5. It is worth noting that this court found that life imprisonment was lawful but the maximum term as imposed was excessive in the circumstances of the case.
6. The Applicant is again before this court by way of an application seeking for review of the sentence of 7 years imprisonment.
7. This court having reduced life imprisonment to seven years imprisonment which is the least severe in a case where a life was lost, cannot be called upon to review the sentence further. That would be tantamount to sitting on own appeal which is abhorred by law.
8. The application for sentence review, is therefore an abuse of court process and misconceived.
9. The same is hereby declined and dismissed.
10. File closed.
11. Orders accordingly.
Dated, signed and Delivered at Siaya this 30th Day of June, 2021
R.E. ABURILI
JUDGE