[2023] KEHC 2977 (KLR)
The court held that it lacks jurisdiction to rehear or reduce the sentence of life imprisonment imposed for murder in the absence of an appeal or a directive for resentencing. The applicant was convicted and sentenced by a court of competent jurisdiction, and since he did not appeal the sentence nor was there any...
Source-derived case information.
- Citation
- [2023] KEHC 2977 (KLR)
- Parties
- Applicant: Chrispin Okoth Owiso; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E118 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Rehearing
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Murder Conviction, Sentencing Principles, Sentence Rehearing, Life Imprisonment, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chrispin Okoth Owiso
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Rehearing
Legal Issues
- 1 Whether the High Court has jurisdiction to rehear and reduce a sentence of life imprisonment imposed for murder where no appeal or directive for resentencing exists.
- 2 Whether the sentence of life imprisonment for murder was lawful and subject to review in the absence of an appeal.
Ratio Decidendi
The court held that it lacks jurisdiction to rehear or reduce the sentence of life imprisonment imposed for murder in the absence of an appeal or a directive for resentencing. The applicant was convicted and sentenced by a court of competent jurisdiction, and since he did not appeal the sentence nor was there any order for resentencing, the application for sentence rehearing is without merit. The court further noted that the sentence of life imprisonment was already lenient compared to the mandatory death sentence for murder under the Penal Code. Accordingly, the application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application for sentence rehearing is dismissed.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Owiso v Republic (Miscellaneous Criminal Application E118 of 2022) [2023] KEHC 2977 (KLR) (27 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2977 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E118 of 2022
RE Aburili, J
March 27, 2023
Between
Chrispin Okoth Owiso
Applicant
and
Republic
Respondent
Ruling
1. The applicant/convict Chrispin Okoth Owiso by his application dated November 2, 2022 seeks for sentence rehearing in a case where he was convicted of the offence of murder contrary to section 203 as read with Section 204 of the Penal Code and sentenced to serve life imprisonment vide Kisumu HCCRC No. 21 of 2006. He does not indicate whether he appealed to the Court of Appeal. The mandatory sentence upon conviction for murder is death.
2. The convict herein was not sentenced to suffer death. Life imprisonment was lenient and this court has no power to reduce sentence imposed by court of competent concurrent jurisdiction where the convict has not appealed and a directive for resentencing issued.
3. I find this application devoid of any merit. I dismiss it.
4. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27TH DAY OF MARCH, 2023R. E. ABURILIJUDGE