[2024] KEHC 8457 (KLR)
The High Court lacks jurisdiction to review or alter a sentence that has already been confirmed on appeal by a court of concurrent jurisdiction. The issues raised in the present application were already canvassed and determined in the previous appeal, and the sentence imposed was within the statutory limits for the...
Source-derived case information.
- Citation
- [2024] KEHC 8457 (KLR)
- Parties
- Applicant: David Ogendi Ongori; Respondent: State
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 75 of 2017
- Procedural Posture
- Criminal Case / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- TA Odera
- Legal Topics
- Sexual Offences, Sentencing Principles, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Ogendi Ongori
Applicant
State
Respondent
Procedural Posture
Criminal Case / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to review a sentence already confirmed on appeal by a court of concurrent jurisdiction.
- 2 Whether the sentence of 20 years imprisonment for gang rape is constitutional and appropriate.
Ratio Decidendi
The High Court lacks jurisdiction to review or alter a sentence that has already been confirmed on appeal by a court of concurrent jurisdiction. The issues raised in the present application were already canvassed and determined in the previous appeal, and the sentence imposed was within the statutory limits for the offence of gang rape. Therefore, the application is without merit and must be dismissed.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
Ongori v State (Criminal Case 75 of 2017) [2024] KEHC 8457 (KLR) (29 May 2024) (Ruling)
Neutral citation: [2024] KEHC 8457 (KLR)
Republic of Kenya
In the High Court at Kisii
Criminal Case 75 of 2017
TA Odera, J
May 29, 2024
Between
David Ogendi Ongori
Applicant
and
State
Respondent
Ruling
1. The applicant herein was charged in Ogembo Sexual Offence Case no. 75 of 2017 with the offence of Gang rape contrary to Section 10 of the Sexual Offences Act.
2. The application is premised on the ground that the 20 years imprisonment term which was meted out to him by the Lower court is constitutional. He revealed that he appealed against conviction and sentence in the said case vide Kisii High Court Criminal Appeal no. 50 of 2018 and the appeal was dismissed. I have perused the Judgment of Hon. Ougo J in the said appeal and I noted that the Judge confirmed the sentence and held that the sentence for gang rape is not less than 15 years which can be enhanced to life and thus the sentence of 20 years was appropriate.
3. This court lacks Jurisdiction to review the judgment of a court of concurrent jurisdiction as was held in the case of Antony Nyaga Njagi v Republic [2020] eKLR and the issues raised herein are similar to the ones raised in the said appeal. The application is devoid of merit and I proceed to dismiss it.
T.A ODERAJUDGE29. 5.24Delivered virtually in the presence of:Applicant in PersonKoima for the StateCourt Assistant– Oigo