[2021] KEHC 3589 (KLR)
The court found that the petitioner failed to demonstrate any breach of his constitutional rights as alleged. The court emphasized that it has no supervisory jurisdiction over a decision made by a judge of concurrent jurisdiction (J. Mrima) and that the proper avenue for challenging the enhanced sentence was by...
Source-derived case information.
- Citation
- [2021] KEHC 3589 (KLR)
- Parties
- Appellant: Paul Mboya Omanga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E028 of 2021
- Procedural Posture
- Criminal Petition / Judgment
- Outcome
- petition dismissed
- Judges
- RPV Wendoh
- Legal Topics
- Defilement Offence, Resentencing, Constitutional Rights, Sentence Enhancement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Mboya Omanga
Appellant
Republic
Respondent
Procedural Posture
Criminal Petition / Judgment
Legal Issues
- 1 Whether the petitioner's constitutional rights were breached by the enhanced sentence.
- 2 Whether the High Court has jurisdiction to review or supervise a decision of a court of concurrent jurisdiction.
- 3 Whether the sentence imposed was manifestly harsh and excessive.
Ratio Decidendi
The court found that the petitioner failed to demonstrate any breach of his constitutional rights as alleged. The court emphasized that it has no supervisory jurisdiction over a decision made by a judge of concurrent jurisdiction (J. Mrima) and that the proper avenue for challenging the enhanced sentence was by appeal to the Court of Appeal. The petition for review or reduction of sentence was therefore not merited and was dismissed.
Court Disposition
petition dismissed
Orders
- The petition is dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MIGORI
CRIMINAL PETITION NO. E028 OF 2021
PAUL MBOYA OMANGA................................................................APPELLANT
-VERSUS-
REPUBLIC......................................................................................RESPONDENT
JUDGMENT
The PetitionerPaul Mboya Omanga,was convicted for the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act and sentenced to twenty (20) years imprisonment. He applied to the High Court for resentence following theFrancis Karioko Muruatetu’sdecision by the Supreme Court. J. Mrima enhanced the sentence to thirty five (35) years imprisonment.
The Petitioner has now filed this Petition pursuant to Articles 22, 23, 25, 27(1)(2)(4)50(2), 159 and 165(3) of the Constitution. His complaint is that the sentence was manifestly harsh and excessive and he now pleads for mercy; that he has undergone courses and is now reformed and should be given another chance to join his family.
Mr. Kimanthi opposed the petition and urged the petitioner to move to the Court of Appeal if he is aggrieved by J. Mrima decision.
Firstly, the petitioner has not alluded to any breach of his rights under the provisions of the Constitution that he has cited.
Secondly, instead of appealing to the High Court, the petitioner opted to come for resentence. Unfortunately, for him J. Mrima, enhanced the sentence is thirty five (35) years imprisonment. This court, being a court of concurrent jurisdiction as J. Mrima, has no supervisory jurisdiction over a High Court if the petitioner is aggrieved by J. Mrima’s decision his recourse is to the Court of Appeal.
In the end, the petition is not merited and is hereby dismissed.
DELIVERED, DATED AND SIGNED AT MIGORI THIS 22ND DAY OF SEPTEMBER, 2021.
R. WENDOH
JUDGE