[2024] KEHC 14308 (KLR)
The court held that it has no residual jurisdiction to further reduce the applicant's sentence after the sentence was already reviewed and reduced on appeal. The application for further reduction of sentence to a non-custodial sentence is therefore an abuse of court process and cannot be entertained. The applicant...
Source-derived case information.
- Citation
- [2024] KEHC 14308 (KLR)
- Parties
- Applicant: Samwel Odhiambo Owuor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E067 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Further Reduction of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Sentencing Principles, Sentence Reduction, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samwel Odhiambo Owuor
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Further Reduction of Sentence
Legal Issues
- 1 Whether the court has jurisdiction to further reduce the applicant's sentence after it was already reduced on appeal.
- 2 Whether the application for further reduction of sentence to a non-custodial sentence is merited.
Ratio Decidendi
The court held that it has no residual jurisdiction to further reduce the applicant's sentence after the sentence was already reviewed and reduced on appeal. The application for further reduction of sentence to a non-custodial sentence is therefore an abuse of court process and cannot be entertained. The applicant had already benefited from the court's discretion on appeal, and there is no legal basis for further intervention. Accordingly, the application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application for further reduction of sentence to a non-custodial sentence is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Owuor v Republic (Miscellaneous Criminal Application E067 of 2024) [2024] KEHC 14308 (KLR) (8 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14308 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E067 of 2024
RE Aburili, J
November 8, 2024
Between
Samwel Odhiambo Owuor
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Samwel Odhiambo Owuor was convicted of the offence of defilement contrary to Section 8(1) as read with section 8(3) of the Sexual Offences Act, and sentenced to serve twenty (20) years imprisonment in Bondo SPM Sexual Offences Case No. 63/2020, on 23/6/2022.
2. He appealed vide Siaya High Court Criminal Appeal No. E022/2022 which appeal was heard on merit and allowed on sentence which was reduced to 10 years imprisonment to be calculated from date of arrest on 16/8/2020 in line with Section 333 (2) of the Criminal Procedure Code. This was on 20/1/2023.
3. The convict is back to court seeking for waiver of the sentence because he is sorry and that he has reformed. That prison condition are hard and harsh hence he should be given non-custodial sentence for the remaining term.
4. I have considered the application filed on 20/6/2024 and find it to be an abuse of court process. There is no residual jurisdiction left to this court to reduce further the reduced sentence which the convict is lucky to have benefited from the discretion of the court on appeal.
5. The application filed on 20/6/2024 for further reduction of sentence to non-custodial sentence is dismissed.
6. Signal to issue. This file is closed.I so order.
DATED, SIGNED AND DELIVERED THIS 8THDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE