[2022] KEHC 16832 (KLR)
The court held that it lacks the mandate to further revise the sentence imposed on the applicant for the offence of murder, as the sentence was already lawfully pronounced under the relevant provisions of the Penal Code. The application for sentence review was therefore declined, and the file was ordered closed.
Source-derived case information.
- Citation
- [2022] KEHC 16832 (KLR)
- Parties
- Applicant: Samwel Aswan Ogot; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E120 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- application for sentence review declined
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Murder Offence, Penal Code Section 203 204
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samwel Aswan Ogot
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the High Court has jurisdiction to further revise the sentence imposed for murder under section 203 as read with section 204 of the Penal Code.
Ratio Decidendi
The court held that it lacks the mandate to further revise the sentence imposed on the applicant for the offence of murder, as the sentence was already lawfully pronounced under the relevant provisions of the Penal Code. The application for sentence review was therefore declined, and the file was ordered closed.
Court Disposition
application for sentence review declined
Orders
- The revision of sentence is declined.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Ogot v Republic (Criminal Revision E120 of 2022) [2022] KEHC 16832 (KLR) (21 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16832 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E120 of 2022
RE Aburili, J
December 21, 2022
Between
Samwel Aswan Ogot
Applicant
and
Republic
Respondent
(Application for sentence review in Siaya HCR Case No. 16 of 2028 delivered on 29/1/2020 by Hon. R.E.ABURILI J)
Ruling
1. On January 29, 2020, vide for sentence pronounced in Siaya HCR 16/2018, this court sentenced the convict Samwel Aswan Ogot to serve 7 years imprisonment for the offence of murder contrary to section 203 as read with section 204 of thePenal Code.
2. This court therefore lacks the mandate to revise that sentence further.
3. The revision of sentence is declined.
4. File closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 21ST DAY OF DECEMBER, 2022R.E. ABURILIJUDGE