[2024] KEHC 11838 (KLR)
The court held that it lacked jurisdiction to review and reduce a lawful sentence imposed for murder, as the sentence given was within the law and not excessive. The application for review was found to be without merit and an abuse of court process. The court emphasized that it cannot act as an appellate court over...
Source-derived case information.
- Citation
- [2024] KEHC 11838 (KLR)
- Parties
- Applicant: Fredrick Omondi Opondo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E106 of 2023
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Murder Conviction, Penal Code Section 204
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Omondi Opondo
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the court has jurisdiction to review and reduce a lawful sentence imposed for murder under Section 204 of the Penal Code.
- 2 Whether the sentence imposed was excessive or unlawful.
Ratio Decidendi
The court held that it lacked jurisdiction to review and reduce a lawful sentence imposed for murder, as the sentence given was within the law and not excessive. The application for review was found to be without merit and an abuse of court process. The court emphasized that it cannot act as an appellate court over its own decisions in the absence of a legal basis for review, especially where the sentence imposed is lawful and within statutory limits.
Court Disposition
application dismissed
Orders
- The application dated November 23, 2023 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Opondo v Republic (Criminal Miscellaneous Application E106 of 2023) [2024] KEHC 11838 (KLR) (27 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11838 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Miscellaneous Application E106 of 2023
RE Aburili, J
September 27, 2024
Between
Fredrick Omondi Opondo
Applicant
and
Republic
Respondent
(Being an Application for review of Conviction and sentence in Siaya High Court vide Criminal Case No. E013 of 2022 delivered by Hon. Judge R.E Aburili - J dated 9th November, 2022)
Ruling
1. The Applicant Fredrick Omondi Opondo was convicted and sentenced to serve 30 years imprisonment on 9/11/2022 of the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code vide Siaya HCCR E013 of 2022. The sentence was to be calculated from date of arrest. He now applies to this court vide an application dated 23/11/2023 seeking orders that the sentence imposed be reduced because he was given heavy sentence.
2. I have considered the application as presented. There is no jurisdiction for the court to sit on its own appeal by further reducing lenient lawful sentence.
3. The applicant could have been sentenced to death under Section 204 of the Penal Code.
4. I find the application dated November 23, 2023 not merited. It is furthermore, an abuse of court process.
5. It is hereby dismissed. This file is closed. Signal to issue. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE