[2024] KEHC 5699 (KLR)
The High Court held that it has no jurisdiction to entertain an application for sentence revision after the applicant's appeal against conviction and sentence has already been dismissed. The appellate process having been exhausted, the sentence imposed by the trial court stands affirmed, and the court cannot revisit...
Source-derived case information.
- Citation
- [2024] KEHC 5699 (KLR)
- Parties
- Applicant: Kamlus Osogo Ogonda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E068 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Jurisdiction of High Court, Sexual Offences, Appeal Dismissal
- 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
Kamlus Osogo Ogonda
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the High Court has jurisdiction to revise the applicant's sentence after dismissal of his appeal.
- 2 Whether the applicant is entitled to a reduction of sentence on account of age.
Ratio Decidendi
The High Court held that it has no jurisdiction to entertain an application for sentence revision after the applicant's appeal against conviction and sentence has already been dismissed. The appellate process having been exhausted, the sentence imposed by the trial court stands affirmed, and the court cannot revisit or alter it on the grounds advanced by the applicant. The application for sentence revision is therefore dismissed for want of jurisdiction.
Court Disposition
application dismissed
Orders
- The application for sentence revision dated 17th April 2024 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Ogonda v Republic (Miscellaneous Criminal Application E068 of 2024) [2024] KEHC 5699 (KLR) (21 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5699 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E068 of 2024
RE Aburili, J
May 21, 2024
Between
Kamlus Osogo Ogonda
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. E011 of 2022 at Tamu on 8/12/2021)
Ruling
1. The Applicant was convicted for the offence of rape contrary to section 3(1)(a) as read with section 3(3) of the Sexual Offences Act. He was sentenced to serve 10 years imprisonment. On appeal, the applicant’s appeal was dismissed. He now seeks for reduction of sentence on account of age.
2. There is no jurisdiction left to revise that sentence which the Applicant claims is remaining 4 years and 8 months.
3. The application for sentence revision dated 17th April 2024 is dismissed.
4. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 21STDAY OF MAY, 2024R. E. ABURILIJUDGE