[2023] KEHC 2790 (KLR)
The court held that it lacked jurisdiction to further reduce the applicant's thirty-year sentence for murder, which had already been imposed at the trial court's discretion and affirmed on appeal. The applicant failed to provide documentary evidence to support his claim of pre-sentence custody, such as proceedings...
Source-derived case information.
- Citation
- [2023] KEHC 2790 (KLR)
- Parties
- Applicant: Bernard Onyango Ogango alias Boss; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E090 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Commutation of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Murder, Commutation of Sentence, Pre Sentence Custody, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Bernard Onyango Ogango alias Boss
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Commutation of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to commute a thirty-year sentence for murder to the period already served.
- 2 Whether the applicant's pre-sentence custody period should be considered in further reducing the sentence.
Ratio Decidendi
The court held that it lacked jurisdiction to further reduce the applicant's thirty-year sentence for murder, which had already been imposed at the trial court's discretion and affirmed on appeal. The applicant failed to provide documentary evidence to support his claim of pre-sentence custody, such as proceedings or a charge sheet. Consequently, the application for commutation of sentence to the period already served was found to be misguided and was dismissed.
Court Disposition
application dismissed
Orders
- The application for commutation of thirty (30) years imprisonment to the period already served is dismissed.
- Order/signal to issue.
Full Case Text
Judgment text and source record
22 paragraphs
Ogango v Republic (Miscellaneous Criminal Application E090 of 2022) [2023] KEHC 2790 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2790 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E090 of 2022
RE Aburili, J
March 24, 2023
Between
Bernard Onyango Ogango alias Boss
Applicant
and
Republic
Respondent
Ruling
1. The applicant herein Bernard Onyango Ogango alias Boss by his application dated August 25, 2022 seeks for commutation of thirty (30) years imprisonment imposed on him upon conviction for the offence of murder vide High Court Criminal Case No 9 of 2017 at Kisumu, to the period already served in prison.
2. He claims that he was in custody for 4 years and 2 months prior to sentencing which was not taken into account. That he appealed to the Court of Appeal in Eldoret and the appeal was dismissed.
3. I have considered the application and the affidavit which is not sworn. Punishment for murder upon conviction is death. The applicant was sentenced to serve thirty (30) years imprisonment which was a discretion exercised by the trial judge. This court has no jurisdiction to reduce that sentence further.
4. On the allegations that the convict was in custody for four (4) years and two (2) months prior to sentencing, no proceedings or even charge sheet were annexed for court to peruse and appreciate when he was arrested and whether or not he was released on bail pending trial.
5. I find the application for commutation of thirty (30) years imprisonment to the period already served in prison misguided. It is hereby dismissed.
6. Order/signal to issue.
7. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF MARCH, 2023RE ABURILIJUDGE