[2024] KEHC 11761 (KLR)
The High Court held that it is functus officio after having heard and dismissed the applicant's appeal on both conviction and sentence. Therefore, it lacks jurisdiction to entertain a further application for review of the conviction or sentence. The application for review is thus devoid of merit and must be...
Source-derived case information.
- Citation
- [2024] KEHC 11761 (KLR)
- Parties
- Applicant: Jairo Oluoch Oduor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E039 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Conviction and Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Review of Sentence, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jairo Oluoch Oduor
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 a conviction and sentence after an appeal has been dismissed.
- 2 Whether the applicant is entitled to be placed on probation after serving part of the sentence.
Ratio Decidendi
The High Court held that it is functus officio after having heard and dismissed the applicant's appeal on both conviction and sentence. Therefore, it lacks jurisdiction to entertain a further application for review of the conviction or sentence. The application for review is thus devoid of merit and must be dismissed. The court emphasized that lawful sentences imposed and confirmed on appeal cannot be revisited by the same court unless there is a statutory basis or manifest illegality, which was not demonstrated in this case.
Court Disposition
application dismissed
Orders
- The application dated 15/5/2024 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Oduor v Republic (Miscellaneous Criminal Application E039 of 2024) [2024] KEHC 11761 (KLR) (27 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11761 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E039 of 2024
RE Aburili, J
September 27, 2024
Between
Jairo Oluoch Oduor
Applicant
and
Republic
Respondent
(Being an Application for review of Conviction and sentence of Ukwala PM’s Court vide S.O No. 371 of 2014 delivered by R M Oanda SRM)
Ruling
1. The Applicant was convicted and sentenced to serve twenty years imprisonment on 12/2/2016 for the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offence Act. He appealed vide Siaya HCRA 8/2016 which appeal was heard and dismissed both on conviction and sentence on 6/10/2016.
2. The court now applies that he be placed on probation because he has served 8 years in jail and has been rehabilitated, that he is the sole bread winner in his family and regrets committing the offence.
3. I have considered the application. This court is functus officio and is devoid of any jurisdiction to exercise further discretion to review the lawful sentence imposed.
4. The application dated 15/5/2024 is found to be devoid of any merit. It is hereby dismissed.
5. This file is closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE