[2024] KEHC 11842 (KLR)
The court found that it lacked jurisdiction to review the sentence imposed in the original murder conviction, as the law does not provide for such review by the same court after judgment has been delivered. The application for review was therefore dismissed for want of jurisdiction, and the file was ordered closed.
Source-derived case information.
- Citation
- [2024] KEHC 11842 (KLR)
- Parties
- Applicant: John Ochieng Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E103 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Conviction and Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Jurisdiction of High Court, Murder Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Ochieng Ochieng
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Conviction and Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to review its own sentence in a murder conviction.
- 2 Whether the applicant has established grounds for review of sentence.
Ratio Decidendi
The court found that it lacked jurisdiction to review the sentence imposed in the original murder conviction, as the law does not provide for such review by the same court after judgment has been delivered. The application for review was therefore dismissed for want of jurisdiction, and the file was ordered closed.
Court Disposition
application dismissed
Orders
- The application dated and filed on 3/8/2023 is dismissed.
- File is closed.
Full Case Text
Judgment text and source record
19 paragraphs
Ochieng v Republic (Miscellaneous Criminal Application E103 of 2023) [2024] KEHC 11842 (KLR) (27 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11842 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E103 of 2023
RE Aburili, J
September 27, 2024
Between
John Ochieng Ochieng
Applicant
and
Republic
Respondent
(Being an Application for review of Conviction and sentence of High Court of Siaya vide Criminal Case No. E006 of 2020 delivered by Hon. Justice R. E. ABURILI, J on 25/1/2022 Criminal Case E006 of 2020 )
Ruling
1. The applicant John Ochieng Ochieng was convicted of the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code vide HCR E006/2020 and sentenced to serve life imprisonment on 25/1/2022. He applies for sentence review.
2. I have considered the application filed on 3/8/2023 and the submissions in support vested. I find no jurisdiction in this court to review the lawful sentence imposed.
3. The application dated and filed on 3/8/2023 is found to be devoid of any substance. It is hereby dismissed.File is closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE