[2024] KEHC 13442 (KLR)
The court held that it had no jurisdiction to review the applicant's sentence because the applicant had already filed a notice of appeal to the Court of Appeal. The act of filing the notice of appeal divested the High Court of the power to reconsider or alter the sentence. Furthermore, the court found no merit in...
Source-derived case information.
- Citation
- [2024] KEHC 13442 (KLR)
- Parties
- Applicant: Kelvin Otieno Ogejo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 133 of 2023
- Procedural Posture
- Criminal Miscellaneous Application / Sentence Review Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Murder Conviction, 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
Kelvin Otieno Ogejo
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Sentence Review Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to review the applicant's sentence after a notice of appeal has been filed.
- 2 Whether the applicant is entitled to a lenient definite sentence under Article 50(2)(p)(q) of the Constitution.
Ratio Decidendi
The court held that it had no jurisdiction to review the applicant's sentence because the applicant had already filed a notice of appeal to the Court of Appeal. The act of filing the notice of appeal divested the High Court of the power to reconsider or alter the sentence. Furthermore, the court found no merit in the application for sentence review, noting that the applicant had been convicted of a brutal murder and could have been sentenced to death. The sentence of life imprisonment was deemed appropriate given the dangerousness of the applicant as established by the evidence on record. The application was therefore dismissed for want of jurisdiction and merit.
Court Disposition
application dismissed
Orders
- The application for sentence review dated 21/6/2023 is dismissed.
- Signal to issue. This file is closed.
Full Case Text
Judgment text and source record
23 paragraphs
Ogejo v Republic (Criminal Miscellaneous Application 133 of 2023) [2024] KEHC 13442 (KLR) (22 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13442 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Miscellaneous Application 133 of 2023
RE Aburili, J
October 22, 2024
Between
Kelvin Otieno Ogejo
Applicant
and
Republic
Respondent
Ruling
1. The applicant Kelvin Otieno Ogejo with Another, were convicted of the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code vide Siaya HCCR 7 of 2020. He was sentenced to serve life imprisonment on 13/10/2021.
2. He now applies for sentence review. He claims in his application dated 21/6/2023 that he appealed to the Court of Appeal and his appeal was summarily dismissed.
3. He wants lenient definite sentence as provided for in Article 50 (2) (p) (q) of the Constitution.
4. Both parties filed written submissions which I have considered. I find no jurisdiction and merit on the application for sentence review noting that the convict could have been sentenced to death for the brutal murder of the deceased.
5. The court considered all the circumstances of the case noting that the convict herein was a dangerous criminal as disclosed in the chilling evidence on record.
6. Furthermore, he filed a Notice of Appeal on 26/10/2021 and that in itself removes from this court any power to relook into the lenient sentence imposed on the dangerous criminal who must be kept away from society.
7. The application for sentence review dated 21/6/2023 is found to be without merit and is hereby dismissed.
8. Signal to issue. This file is closed.
RULING DATED, SIGNED AND DELIVERED THIS 22ND DAY OF OCTOBER, 2024R. E. ABURILIJUDGE