[2024] KEHC 13374 (KLR)
The court held that it had no jurisdiction to review its own sentence in a criminal matter after conviction and sentencing, especially where the sentence was imposed following a plea bargain and in consideration of aggravating circumstances. The proper avenue for challenging the sentence would be by way of appeal,...
Source-derived case information.
- Citation
- [2024] KEHC 13374 (KLR)
- Parties
- Applicant: Erick Otieno Alias Aganyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E100 of 2022
- Procedural Posture
- Criminal Miscellaneous Application / Sentence Review Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Jurisdiction of High Court, Manslaughter Conviction, Plea Bargain, Aggravating Circumstances
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Otieno Alias Aganyo
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Sentence Review Application
Legal Issues
- 1 Whether the High Court has jurisdiction to review its own sentence in a criminal matter after conviction and sentencing.
- 2 Whether the circumstances of the offence warrant a review of the sentence imposed.
Ratio Decidendi
The court held that it had no jurisdiction to review its own sentence in a criminal matter after conviction and sentencing, especially where the sentence was imposed following a plea bargain and in consideration of aggravating circumstances. The proper avenue for challenging the sentence would be by way of appeal, not by an application for review before the same court. Consequently, the application for sentence review was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Otieno alias Aganyo v Republic (Criminal Miscellaneous Application E100 of 2022) [2024] KEHC 13374 (KLR) (22 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13374 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Miscellaneous Application E100 of 2022
RE Aburili, J
October 22, 2024
Between
Erick Otieno Alias Aganyo
Applicant
and
Republic
Respondent
Ruling
1. The applicant Erick Otieno Ojat alias Aganyo is a convict in Siaya HCCR Case No. E010/2020 which he was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code vide information dated 1/12/2020. He was convicted of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code after a plea bargain and sentenced to serve 20 years on 26/10/2021.
2. The convict now applies for sentence review.
3. I have considered the application dated 2/10/2023 grounds and supporting affidavit.
4. I find no jurisdiction to sit on appeal of a High Court decision noting that the applicant faced life imprisonment taking into account the aggravating circumstances under which he killed the deceased.
5. The application for sentence review is dismissed. This file is closed.
RULING DATED, SIGNED AND DELIVERED THIS 22ND DAY OF OCTOBER, 2024R. E. ABURILIJUDGE