[2022] KEHC 16794 (KLR)
The High Court held that, having already sentenced the applicant to a term of imprisonment following his conviction on a plea of guilty to manslaughter (after plea bargaining), it has no power to review that sentence. The applicant is not eligible for sentence review for purposes of prison decongestion. The court...
Source-derived case information.
- Citation
- [2022] KEHC 16794 (KLR)
- Parties
- Applicant: Paul Ochieng Owino; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E121 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed. No review of sentence granted. File closed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Plea Bargaining, Manslaughter Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Ochieng Owino
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to review a sentence already imposed after conviction on a plea of guilty following plea bargaining.
- 2 Whether the applicant is eligible for sentence review for purposes of prison decongestion.
Ratio Decidendi
The High Court held that, having already sentenced the applicant to a term of imprisonment following his conviction on a plea of guilty to manslaughter (after plea bargaining), it has no power to review that sentence. The applicant is not eligible for sentence review for purposes of prison decongestion. The court found no other sentence to be reviewed and accordingly closed the file.
Court Disposition
Application dismissed. No review of sentence granted. File closed.
Orders
- There is no sentence to be reviewed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Owino v Republic (Criminal Revision E121 of 2022) [2022] KEHC 16794 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16794 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E121 of 2022
RE Aburili, J
December 20, 2022
Between
Paul Ochieng Owino
Applicant
and
Republic
Respondent
(Being an Application seeking sentence review, arising from conviction and sentence in Siaya High Court Criminal Case No.E010 of 2021 by Hon. R.E.ABURILI J on 18th October 2021)
Ruling
1. The convict Paul Ochieng Owino was convicted on his own plea of guilty following plea bargaining from murder to manslaughter contrary to section 202 as read with section 205 of the Penal Code and sentenced to serve 7 years imprisonment.
2. He has served about one year now although the court directed that the prison term to be calculated from the date of his arrest which was April 17, 2021 as per the Information dated May 31, 2021. This court having sentenced him to a prison term has no power to review that sentence and the convict is not eligible for review of sentence for purposes of prison decongestion.
3. Accordingly, there is no other sentence to be reviewed.
4. File closed.
5. Orders accordingly.
Dated, signed and Delivered at Siaya this 20th Day of December, 2022R.E. ABURILIJUDGE