[2024] KEHC 13378 (KLR)
The High Court found that it lacks jurisdiction to review a sentence after it has already dismissed an appeal against that sentence. The applicant had previously appealed against the sentence, and the appeal was dismissed, upholding the sentence imposed by the trial court. There was no pending appeal to the Court of...
Source-derived case information.
- Citation
- [2024] KEHC 13378 (KLR)
- Parties
- Applicant: Samson Onyango Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E079 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review After Conviction and Appeal Dismissed
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Jurisdiction of High Court, Incest Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Onyango Ochieng
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review After Conviction and Appeal Dismissed
Legal Issues
- 1 Whether the High Court has jurisdiction to review a sentence after dismissal of an appeal against sentence.
- 2 Whether the applicant has demonstrated any legal basis for sentence review.
Ratio Decidendi
The High Court found that it lacks jurisdiction to review a sentence after it has already dismissed an appeal against that sentence. The applicant had previously appealed against the sentence, and the appeal was dismissed, upholding the sentence imposed by the trial court. There was no pending appeal to the Court of Appeal, and no new legal basis was presented to warrant a review. The court emphasized that it cannot sit on its own appeal or review its own final decision except as expressly permitted by law, which was not the case here. Therefore, the application for sentence review was dismissed for want of merit and lack of jurisdiction.
Court Disposition
application dismissed
Orders
- The application filed on 16/6/2023 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
23 paragraphs
Ochieng v Republic (Miscellaneous Criminal Application E079 of 2023) [2024] KEHC 13378 (KLR) (22 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13378 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E079 of 2023
RE Aburili, J
October 22, 2024
Between
Samson Onyango Ochieng
Applicant
and
Republic
Respondent
Ruling
1. The applicant Samson Onyango Ochieng is a convict in Ukwala PM SO Case No. 34/2018 where he was sentenced to serve life imprisonment for incest.
2. The victim was his 13 years old first-born daughter.
3. He appealed vide HCCRA 44/2019 and withdrew his appeal against conviction and challenged sentence alone.
4. Vide judgment rendered on 24/3/2021, this court dismissed the appeal against sentence and upheld it as imposed by the trial court.
5. In his current application dated 16/6/2023, he seeks for sentence review on account that he has no pending appeal to the Court of Appeal.
6. I have considered the application for sentence review and find no merit in it. This court is further devoid of any jurisdiction to sit on its own appeal.
7. The application filed on 16/6/2023 is dismissed.
8. This file is closed.
RULING DATED, SIGNED AND DELIVERED THIS 22ND DAY OF OCTOBER, 2024R. E ABURILIJUDGE