[2022] KEHC 16624 (KLR)
The court held that it lacked jurisdiction to review or resentence the applicant after conviction and sentencing for murder, especially where the sentence imposed was already lenient compared to the statutory maximum of death. The application for sentence revision was declined, and the file was ordered closed.
Source-derived case information.
- Citation
- [2022] KEHC 16624 (KLR)
- Parties
- Applicant: Koyo Obuchi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E138 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- Application for sentence revision declined; file closed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Murder, Penal Code Section 203, Penal Code Section 204
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Koyo Obuchi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the High Court has jurisdiction to review or resentence the applicant after conviction and sentencing for murder.
- 2 Whether the sentence imposed was lawful and subject to revision.
Ratio Decidendi
The court held that it lacked jurisdiction to review or resentence the applicant after conviction and sentencing for murder, especially where the sentence imposed was already lenient compared to the statutory maximum of death. The application for sentence revision was declined, and the file was ordered closed.
Court Disposition
Application for sentence revision declined; file closed.
Orders
- The application for sentence revision is declined.
- The file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
Obuchi v Republic (Criminal Revision E138 of 2022) [2022] KEHC 16624 (KLR) (21 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16624 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E138 of 2022
RE Aburili, J
December 21, 2022
Between
Koyo Obuchi
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Siaya HCCRC No. 24 of 2017 delivered in 1/2/2021, Hon. R.E. ABURILI)
Ruling
1. On February 1, 2021 this court sentenced the convict herein to serve 10 years imprisonment for the offence of Murder contrary to section 203 as read with section 204 of the Penal Code in HCR 24/2017.
2. It is not clear whether he appealed against the conviction and sentence imposed. This court has no mandate to resentence the convict or to review his sentence. I decline to review the lenient sentence noting that the maximum in law is death.
3. File closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 21ST DAY OF DECEMBER, 2022R.E. ABURILIJUDGE