[2022] KEHC 18047 (KLR)
The court held that it lacked jurisdiction to entertain the application for sentence reduction because it was functus officio, having already pronounced judgment and sentence through a court of concurrent jurisdiction. The only available avenue for the applicant was to appeal to the Court of Appeal. The application...
Source-derived case information.
- Citation
- [2022] KEHC 18047 (KLR)
- Parties
- Applicant: Alfred Njite Onjote; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E031 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Reduction
- Outcome
- application dismissed
- Judges
- REA Ougo
- Legal Topics
- Sentence Reduction, Functus Officio, Murder Conviction, Rehabilitation, Leniency, Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfred Njite Onjote
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Reduction
Legal Issues
- 1 Whether the High Court has jurisdiction to review or reduce the applicant's sentence after conviction and sentencing by a court of concurrent jurisdiction.
- 2 Whether the sentence imposed on the applicant was harsh, inhuman, or excessive warranting reduction.
- 3 Whether the principle of functus officio applies to bar the present application.
Ratio Decidendi
The court held that it lacked jurisdiction to entertain the application for sentence reduction because it was functus officio, having already pronounced judgment and sentence through a court of concurrent jurisdiction. The only available avenue for the applicant was to appeal to the Court of Appeal. The application was therefore dismissed for want of merit and jurisdiction.
Court Disposition
application dismissed
Orders
- The Notice of Motion filed on March 1, 2021 is dismissed.
- File is closed.
Full Case Text
Judgment text and source record
18 paragraphs
Onjote v Republic (Miscellaneous Criminal Application E031 of 2021) [2022] KEHC 18047 (KLR) (16 December 2022) (Ruling)
Neutral citation: [2022] KEHC 18047 (KLR)
Republic of Kenya
In the High Court at Bungoma
Miscellaneous Criminal Application E031 of 2021
REA Ougo, J
December 16, 2022
Between
Alfred Njite Onjote
Applicant
and
Republic
Respondent
Ruling
1. Alfred Njite Onyote the applicant in a Notice of Motion filed on the March 1, 2021 states in his petition granted that he was convicted and sentence to serve 21 years for the offence of murder. He claims that the sentence is harsh exercise, inhuman….is pleading for mercy and leniency in sentence reduction. He has listed the rehabilitation courses he has undertaken and states that he is very remorseful for the offence committed and pleads for mercy. He has cited various cases to back his application.
2. The application was opposed by the Respondent. Ms Omondi urged this court to dismiss the application. She stated that the appellant was convicted and sentenced to 21 years jail. That the sentence was within the circumstances and that this court is funtus officio.
3. On the June 10, 2019 Jusitce Abida Aroni convicted the appellant with the offence of murder. The appellant was convicted by a court of concurrent jurisdiction. I agree with the respondent that this court is functus officioand that the application has no merit. The appellant only avenue is to move to the Court of Appeal. The Notice of Motion filed on the March 1, 2019 is dismissed. File is closed.
DATED, SIGNED, AND DELIVERED AT BUNGOMA VIA MICROSOFT TEAMS THIS 16TH DAY OF DECEMBER, 2022R.E. OUGOJUDGEIn the presence of:Ms Omondi – State CounselMs Wilkister – Court Assistant.Applicant : Alfred Njita Ongote – present online.