[2024] KEHC 11909 (KLR)
The court held that it lacked jurisdiction to review or reduce the sentence of life imprisonment imposed on the applicant after his unequivocal plea of guilty to murder. The sentence was lawful and within the statutory discretion of the sentencing judge, especially considering the gravity and premeditated nature of...
Source-derived case information.
- Citation
- [2024] KEHC 11909 (KLR)
- Parties
- Applicant: Silas Ouma Odongo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E089 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, Murder Conviction, Life Imprisonment, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silas Ouma Odongo
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 and reduce a sentence lawfully imposed after a guilty plea for murder.
- 2 Whether the sentence of life imprisonment imposed on the applicant was ambiguous or unlawful.
Ratio Decidendi
The court held that it lacked jurisdiction to review or reduce the sentence of life imprisonment imposed on the applicant after his unequivocal plea of guilty to murder. The sentence was lawful and within the statutory discretion of the sentencing judge, especially considering the gravity and premeditated nature of the offence. The applicant's claim of ambiguity in the sentence was unfounded, and the application for sentence reduction had no merit. The court emphasized that it could not sit on its own appeal to alter a sentence that was lawfully imposed.
Court Disposition
application dismissed
Orders
- The application dated 25/8/2023 is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
23 paragraphs
Odongo v Republic (Miscellaneous Criminal Application E089 of 2023) [2024] KEHC 11909 (KLR) (27 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11909 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E089 of 2023
RE Aburili, J
September 27, 2024
Between
Silas Ouma Odongo
Applicant
and
Republic
Respondent
((Being an Application for review of Conviction and Sentence in Siaya HC Criminal Case No. 14 of 2023 delivered by Hon. Justice D. O. Ogembo, J dated 4/7/2023)
Ruling
1. The Applicant herein is Silas Ouma Odongo. He is a convict vide Siaya HCCR Case No. 14/2023 wherein he unequivocably pleaded guilty to the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code, and was convicted and sentenced to serve life imprisonment on 4/7/2023 by my late Brother Justice Ogembo.
2. In his application dated 25/8/2023, he seeks sentence reduction due to what he claims to be its ambiguity.
3. A production order was issued for him and he appeared in court on 14/5/2024. He reiterated his prayer for sentence reduction and the prosecution led by Ms. Kerubo opposed the application.
4. Even without hearing submissions on the prayer for sentence reduction, the court having convicted and sentenced the accused, it could not prompt to sit on its own appeal and reduce sentence imposed, which is lawful, considering that the accused could have been sentenced to death but was instead sentenced to life imprisonment even after the court found that the murder of the deceased who was the accused own biological mother for allegedly opposing him from selling his land was premeditated.
5. I find no merit in the application dated 25/8/2023 which is hereby dismissed.
6. This file is closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE