[2024] KEHC 13376 (KLR)
The High Court held that it had already exercised its discretion on appeal by reducing the applicant's life sentence to 30 years imprisonment. As such, the court was functus officio and lacked jurisdiction to entertain a further application for sentence review. The application was therefore found to be devoid of...
Source-derived case information.
- Citation
- [2024] KEHC 13376 (KLR)
- Parties
- Applicant: Daniel Otieno Oloo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E061 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Rehearing
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Sentence Review, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Otieno Oloo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Rehearing
Legal Issues
- 1 Whether the High Court has jurisdiction to rehear or further review a sentence after it has already exercised discretion on appeal.
- 2 Whether the application for sentence review is merited.
Ratio Decidendi
The High Court held that it had already exercised its discretion on appeal by reducing the applicant's life sentence to 30 years imprisonment. As such, the court was functus officio and lacked jurisdiction to entertain a further application for sentence review. The application was therefore found to be devoid of merit and dismissed.
Court Disposition
application dismissed
Orders
- The application for sentence review dated 24/5/2023 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
23 paragraphs
Oloo v Republic (Miscellaneous Criminal Application E061 of 2023) [2024] KEHC 13376 (KLR) (22 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13376 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E061 of 2023
RE Aburili, J
October 22, 2024
Between
Daniel Otieno Oloo
Applicant
and
Republic
Respondent
Ruling
1. Daniel Otieno Oloo is a convict in Siaya CM Cr. No. 3/2018 of the offence of robbery with violence contrary to Section 296 (2) of the Penal Code.
2. He filed HCCRA 44 A/2018 jointly with Kennedy Odhiambo Onyango, which appeal was allowed on sentence of life imprisonment reduced to 30 years imprisonment on 6/10/2020.
3. He filed HC CR. Misc. Application E093/2022 seeking leave to appeal out of time two years later and the application was dismissed on 11/10/2022. He now by his application subject of this ruling dated 24/5/2023 seeks for rehearing of sentence.
4. He filed submissions to canvass the application. The prosecution too filed submissions dated 14/5/2024 opposing the application.
5. I have considered the application, submissions and the court records on appeal.
6. This court having exercised discretion to reduce life sentence to 30 years imprisonment is now functus officio and devoid of jurisdiction to review the sentence further.
7. The application for sentence review dated and filed on 24/5/2023 is found to be devoid of any merit and is hereby dismissed.
8. This file is closed.
RULING DATED, SIGNED AND DELIVERED THIS 22NDDAY OF OCTOBER, 2024R. E. ABURILIJUDGE