[2024] KEHC 15109 (KLR)
The High Court dismissed the petition for sentence review on the basis that it lacks jurisdiction to review a lawful sentence that has been commuted from death to life imprisonment. The court relied on the Supreme Court's decision in Petition E018/2023, which clarified that mandatory sentences, including those for...
Source-derived case information.
- Citation
- [2024] KEHC 15109 (KLR)
- Parties
- Applicant: Jared Ouma Omollo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E004 of 2024
- Procedural Posture
- Criminal Petition / Sentence Review Ruling
- Outcome
- Petition dismissed for want of merit. File closed.
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Sentencing Review, Mandatory Sentences, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jared Ouma Omollo
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Sentence Review Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to review a sentence of life imprisonment that was commuted from a death sentence for robbery with violence.
- 2 Whether the mandatory sentence for robbery with violence under Section 296(2) of the Penal Code is constitutional.
Ratio Decidendi
The High Court dismissed the petition for sentence review on the basis that it lacks jurisdiction to review a lawful sentence that has been commuted from death to life imprisonment. The court relied on the Supreme Court's decision in Petition E018/2023, which clarified that mandatory sentences, including those for robbery with violence under Section 296(2) of the Penal Code, are constitutional and lawful. As such, the applicant's request for sentence review was found to be without merit.
Court Disposition
Petition dismissed for want of merit. File closed.
Orders
- Petition dated 7/2/2024 is dismissed for want of merit.
- File closed. Signal to issue.
Full Case Text
Judgment text and source record
19 paragraphs
Omollo v Republic (Criminal Petition E004 of 2024) [2024] KEHC 15109 (KLR) (22 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15109 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Petition E004 of 2024
RE Aburili, J
November 22, 2024
Between
Jared Ouma Omollo
Applicant
and
Republic
Respondent
Ruling
1. The Petitioner is Jared Ouma Omollo. He was convicted and sentenced to serve death sentence on 3/5/2006 vide Siaya PM Cr. 46/2006.
2. He appealed vide HCRA 76/2006 Kisumu which appeal was dismissed. The offence was robbery with violence contrary to Section 296(2) of the Penal Code. He never appealed to the Court of Appeal.
3. Death sentence was commuted to life imprisonment. He now seeks for sentence review.
4. I find no jurisdiction to review lawful sentence which was commuted to life imprisonment as clarified by the Supreme Court in Pet. E018/2023 that mandatory sentences are lawful and constitutional. I dismiss the Petition dated 7/2/2024 for want of merit. File closed. Signal to issue.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 22NDDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE