[2024] KEHC 5051 (KLR)
The court held that there is no legal basis for reviewing a sentence lawfully imposed by a competent court solely on the ground that the families of the victim and the convict have reconciled. Furthermore, the applicant failed to provide the necessary particulars or evidence to support his claim for consideration of...
Source-derived case information.
- Citation
- [2024] KEHC 5051 (KLR)
- Parties
- Applicant: Patrick Owino Oweke; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E044 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Non Custodial Sentence and Sentence Review
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Manslaughter Sentencing, Sentence Review, Non Custodial Sentence, Section 333 2 Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Owino Oweke
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Non Custodial Sentence and Sentence Review
Legal Issues
- 1 Whether the court can review a lawfully imposed sentence on the ground of reconciliation between families.
- 2 Whether the applicant is entitled to a non-custodial sentence post-conviction for manslaughter.
- 3 Whether Section 333(2) of the Criminal Procedure Code applies in the absence of evidence of time spent in custody.
Ratio Decidendi
The court held that there is no legal basis for reviewing a sentence lawfully imposed by a competent court solely on the ground that the families of the victim and the convict have reconciled. Furthermore, the applicant failed to provide the necessary particulars or evidence to support his claim for consideration of time spent in custody under Section 333(2) of the Criminal Procedure Code. The application was found to be without merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
25 paragraphs
Oweke v Republic (Miscellaneous Criminal Application E044 of 2024) [2024] KEHC 5051 (KLR) (7 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5051 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E044 of 2024
RE Aburili, J
May 7, 2024
Between
Patrick Owino Oweke
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the High Court Criminal Case No. 05 of 2019 at Kisumu)
Ruling
1. The convict Patrick Owino Oweke was sentenced to serve ten (10) years imprisonment for the offence of Manslaughter on 9th June 2022 vide HCCRC No. 05 of 2019.
2. He claims that he never appealed.
3. He seeks that he be granted non-custodial sentence because the two families have reconciled.
4. There is no such ground in law for this court to review sentence lawfully imposed by a court of competent jurisdiction.
5. Initially, the convict applied vide HC Misc. Application No. E088 of 2022 for the application of Section 333(2) of the Criminal Procedure Code to take into account the period he spent in custody and the court directed him to furnish particulars – make full disclosures on when he was arrested and or whether he was on bond prior to his sentencing.
6. He has not supplied the court with proceedings that show whether he was on bond or not.
7. If the two families have reconciled as he says, the question is why they have not aided him to get court proceedings for this court to consider whether Section 333(2) of the Criminal Procedure Code is applicable.
8. I find the application to be mischievous. I decline to grant the orders sought.
9. The application is dismissed and the file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 7TH DAY OF MAY, 2024R. E. ABURILIJUDGE