[2024] KEHC 10029 (KLR)
The court held that it lacks jurisdiction to revise a lawful sentence of death imposed for robbery with violence through a criminal revision application. The applicant's arguments regarding reformation and the alleged unconstitutionality of the mandatory sentence do not fall within the scope of criminal revision as...
Source-derived case information.
- Citation
- [2024] KEHC 10029 (KLR)
- Parties
- Applicant: Peter Musumba Okwemba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E111 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Sentencing, Sentence Revision, Constitutionality of Mandatory Sentences
- 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
Peter Musumba Okwemba
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court can revise a mandatory sentence of death for robbery with violence under section 296(2) of the Penal Code through a criminal revision application.
- 2 Whether the mandatory death sentence is unconstitutional.
Ratio Decidendi
The court held that it lacks jurisdiction to revise a lawful sentence of death imposed for robbery with violence through a criminal revision application. The applicant's arguments regarding reformation and the alleged unconstitutionality of the mandatory sentence do not fall within the scope of criminal revision as provided under section 362 of the Criminal Procedure Code. The proper avenue for challenging the constitutionality of a mandatory sentence is through a constitutional petition, not a revision application. Consequently, the application was dismissed for want of merit.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is declined and dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Okwemba v Republic (Criminal Revision E111 of 2024) [2024] KEHC 10029 (KLR) (12 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10029 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E111 of 2024
RE Aburili, J
August 12, 2024
Between
Peter Musumba Okwemba
Applicant
and
Republic
Respondent
Ruling
1. The applicant is a convict on two counts of robbery with violence contrary to section 296(2) of the Penal Code and was sentenced to death on both counts. He appealed vide Kisumu HCRA No. 55, 56 and 57 of 2015 which appeal was dismissed. He now seeks sentence rehearing on account that he has reformed as per the life skills that he has acquired in prison as annexed. That he is a total orphan who lost his mother in January this year.
2. The application is for revision of sentence which the applicant alleges is mandatory and unconstitutional.
3. I have considered the application and the grounds as argued and the lengthy submissions and documents annexed. Thai court is unable to revise lawful sentence through an application.
4. The application is declined and dismissed.
5. Signal to issue.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 12TH DAY OF AUGUST, 2024R.E. ABURILIJUDGE