[2025] KEHC 5505 (KLR)

[2025] KEHC 5505 (KLR)

The court held that it lacked jurisdiction to reduce the sentence imposed by the trial judge in the absence of a legal error or basis for such reduction. However, the court found that the sentencing order was silent as to when the sentence was to commence. Relying on the principle that a sentence should take into account the period already spent in custody, the court exercised its discretion to review the commencement date of the sentence. The court ordered that the 15-year sentence imposed on 15th January 2019 should run from 18th March 2013, thereby crediting the applicant for time already served.

Citation
[2025] KEHC 5505 (KLR)
Parties
Applicant: Alice Moraa Omwenga; Respondent: Republic
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
5 May 2025
Case Number
Criminal Case E011 of 2022
Procedural Posture
Criminal Case / Ruling on Sentence Review
Outcome
sentence commencement date reviewed; sentence to run from earlier date
Judges
SM Mohochi
Legal Topics
Sentencing Review, Commencement of Sentence, Sentence Reduction
Source Language
English
Criminal Law Sentencing Review Commencement of Sentence Sentence Reduction

Case Brief

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Parties

Alice Moraa Omwenga

Applicant

Republic

Respondent

Procedural Posture

Criminal Case / Ruling on Sentence Review

Legal Issues

  1. 1 Whether the High Court has jurisdiction to reduce the sentence imposed by the trial judge.
  2. 2 Whether the commencement date of the applicant's sentence should be reviewed.

Ratio Decidendi

The court held that it lacked jurisdiction to reduce the sentence imposed by the trial judge in the absence of a legal error or basis for such reduction. However, the court found that the sentencing order was silent as to when the sentence was to commence. Relying on the principle that a sentence should take into account the period already spent in custody, the court exercised its discretion to review the commencement date of the sentence. The court ordered that the 15-year sentence imposed on 15th January 2019 should run from 18th March 2013, thereby crediting the applicant for time already served.

Court Disposition

sentence commencement date reviewed; sentence to run from earlier date

Orders

  • The 15 years’ sentence imposed on 15th January, 2019 shall run from 18th March, 2013.