[2022] KEHC 15165 (KLR)
The court held that it lacked jurisdiction to revisit or alter the applicant's sentences to run concurrently, as this issue had already been determined by the High Court and the Court of Appeal during the initial trial and subsequent appeals. The application for resentencing was therefore dismissed for lack of...
Source-derived case information.
- Citation
- [2022] KEHC 15165 (KLR)
- Parties
- Applicant: Joseph Odhiambo Oyienga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E090 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Resentencing
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Robbery With Violence, Concurrent Sentences, Consecutive Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Odhiambo Oyienga
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the applicant is entitled to have his consecutive sentences combined to run concurrently.
- 2 Whether the High Court has jurisdiction to alter sentences already considered by the Court of Appeal.
Ratio Decidendi
The court held that it lacked jurisdiction to revisit or alter the applicant's sentences to run concurrently, as this issue had already been determined by the High Court and the Court of Appeal during the initial trial and subsequent appeals. The application for resentencing was therefore dismissed for lack of merit, as the matter of concurrent versus consecutive sentences had been conclusively addressed by the competent appellate courts.
Court Disposition
application dismissed
Orders
- The application for resentencing is dismissed.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Oyienga v Republic (Miscellaneous Criminal Application E090 of 2021) [2022] KEHC 15165 (KLR) (8 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15165 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E090 of 2021
RE Aburili, J
November 8, 2022
Between
Joseph Odhiambo Oyienga
Applicant
and
Republic
Respondent
(Application for resentencing in Kisumu CM Cr. 137 of 2001 and Kisumu HCCRA No. 233 of 2001)
Ruling
1. This matter was filed on October 29, 2021. The applicant/ convict seeks from this court orders that his consecutive sentences be combined so that he serves concurrent sentences to enable him leave prison as he has served 30 years imprisonment reimposed by Court of Appeal after the High Court upheld the death sentence which was later commuted to life imprisonment, following his conviction and sentence for robbery with violencevide Kisumu CMCr Case No 137/2001 on November 16, 2001.
2. I have considered the application. I find no substance in the request that consecutive sentences be made concurrent, which issue the High Court and Court of Appeal had the jurisdiction on the first and second appeals, to deal with.
3. The application is hereby dismissed.
4. File closed. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 8TH DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE