[2022] KEHC 16795 (KLR)
The High Court held that it has no power to review a sentence it has already imposed, except as specifically provided by law. Since the applicant was convicted and sentenced by the same court, and there is no legal provision allowing for sentence review in these circumstances for purposes of prison decongestion, the...
Source-derived case information.
- Citation
- [2022] KEHC 16795 (KLR)
- Parties
- Applicant: Nelson Mbilu Okonda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E122 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Manslaughter, Sentence Review, Penal Code Section 202, Penal Code Section 205
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nelson Mbilu Okonda
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to review a sentence it has already imposed for purposes of prison decongestion.
- 2 Whether the applicant is eligible for sentence review after conviction for manslaughter.
Ratio Decidendi
The High Court held that it has no power to review a sentence it has already imposed, except as specifically provided by law. Since the applicant was convicted and sentenced by the same court, and there is no legal provision allowing for sentence review in these circumstances for purposes of prison decongestion, the application for sentence review was dismissed. The court emphasized that its jurisdiction is limited and does not extend to altering sentences already passed unless there is a clear legal basis for such intervention.
Court Disposition
application dismissed
Orders
- There is no sentence to be reviewed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Okonda v Republic (Criminal Revision E122 of 2022) [2022] KEHC 16795 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16795 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E122 of 2022
RE Aburili, J
December 20, 2022
Between
Nelson Mbilu Okonda
Applicant
and
Republic
Respondent
(An Application seeking sentence review, arising from conviction and sentence in Siaya High Court Criminal Case No E009 of 2020 by Hon R E ABURILI J on March 30, 2022)
Ruling
1. The convict Nelson Mbilu Okonda was convicted of the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code and sentenced to serve four years imprisonment.
2. He has served about nine months although the court directed that the prison term to be calculated from the date of his arrest. This court having sentenced him to a prison term has no power to review that sentence and the convict is not eligible for review of sentence by this court for purposes of prison decongestion.
3. Accordingly, there is no sentence to be reviewed.
4. File closed.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 20TH DAY OF DECEMBER, 2022R E ABURILIJUDGE