[2023] KEHC 24128 (KLR)
The High Court lacks jurisdiction to review or alter a sentence that has already been affirmed by the Court of Appeal, a superior court. The Court of Appeal, in its judgment, confirmed the 20-year imprisonment term and expressly found it to be lenient in the circumstances. No new facts or dramatic changes have...
Source-derived case information.
- Citation
- [2023] KEHC 24128 (KLR)
- Parties
- Appellant: Eugene Otigbu Odera; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E016 of 2023
- Procedural Posture
- Criminal Petition / Ruling on Re Sentencing Application
- Outcome
- application dismissed
- Judges
- WM Musyoka
- Legal Topics
- Re Sentencing, Jurisdiction of High Court, Finality of Appellate Decisions, Narcotics Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eugene Otigbu Odera
Appellant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Re Sentencing Application
Legal Issues
- 1 Whether the High Court has jurisdiction to re-sentence the petitioner after the Court of Appeal has affirmed the sentence.
- 2 Whether there are sufficient grounds to warrant review or reduction of the 20-year imprisonment sentence imposed on the petitioner.
Ratio Decidendi
The High Court lacks jurisdiction to review or alter a sentence that has already been affirmed by the Court of Appeal, a superior court. The Court of Appeal, in its judgment, confirmed the 20-year imprisonment term and expressly found it to be lenient in the circumstances. No new facts or dramatic changes have occurred since that decision to warrant a review. Any further relief the petitioner seeks regarding sentence reduction or remission must be pursued administratively within the prison system or through the Mercy Committee, not through the courts. Accordingly, the application for re-sentencing is without merit and must be dismissed.
Court Disposition
application dismissed
Orders
- The application for re-sentencing filed on 24th August 2023 is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
Odera v Republic (Criminal Petition E016 of 2023) [2023] KEHC 24128 (KLR) (27 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24128 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Petition E016 of 2023
WM Musyoka, J
October 27, 2023
Between
Eugene Otigbu Odera
Petitioner
and
Republic
Respondent
Ruling
1. The undated application, filed herein on 24th August 2023, principally seeks re-sentencing. The petitioner had been convicted, in Busia CMCCRC No. 763 of 2014, of offences relating to possession of narcotics, and being in the country unlawfully. He was sentenced to pay of fine of Kshs. 20,000,000. 00, or serve 20 years in prison in default. His appeal in Busia HCCRA No. 10 of 2015, was dismissed. His second appeal in Kisumu CACRA No. 200 of 2016, was also dismissed, as per the judgment of 4th November 2022. The aspect of the sentence which had imposed a fine was set aside, but the imprisonment term of 20 years was confirmed.
2. I note from the judgment of the Court of Appeal, that the court maintained the 20-year term sentence, and emphasized that the same was lenient, when taken against a possible imprisonment for life. The Court of Appeal affirmed the sentence of 20 years in prison on 4th November 2022. Surely, nothing dramatic has happened between then and now, 27th October 2023, to warrant the sentence being reviewed. I cannot revisit the sentence. In fact, I have no jurisdiction to, given that a court, of a status higher than where I sit, has pronounced itself on it. If the petitioner feels that he has reformed sufficiently, then let him canvass the matter within the prison system, for remission of sentence, or with the Mercy Committee for consideration.
3. Accordingly, there is no merit in the application, filed herein on 24th August 2023, and I hereby dismiss it. Orders accordingly.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA ON THIS 27TH DAY OF OCTOBER 2023WM MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.Mr. Eugene Otigbu Odera, the petitioner, in person.AdvocatesMrs. Chepkonga, instructed by the Director of Public Prosecutions, for the respondent.