[2021] KEHC 3874 (KLR)
The High Court determined that it lacks jurisdiction to review a sentence it has already affirmed on appeal, particularly in cases involving serious offences such as defilement under the Sexual Offences Act. The applicant's claims of reformation and rehabilitation do not constitute legal grounds for sentence review...
Source-derived case information.
- Citation
- [2021] KEHC 3874 (KLR)
- Parties
- Applicant: Peter Obare Amara; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E096 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review After Conviction and Dismissal of Appeal
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Defilement Offence, Sexual Offences Act, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Obare Amara
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review After Conviction and Dismissal of Appeal
Legal Issues
- 1 Whether the High Court has jurisdiction to review a sentence it has already affirmed on appeal in a sexual offence conviction.
- 2 Whether reformation and rehabilitation of the convict are grounds for sentence review in such circumstances.
Ratio Decidendi
The High Court determined that it lacks jurisdiction to review a sentence it has already affirmed on appeal, particularly in cases involving serious offences such as defilement under the Sexual Offences Act. The applicant's claims of reformation and rehabilitation do not constitute legal grounds for sentence review in these circumstances. The application was therefore dismissed for want of jurisdiction.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed for want of jurisdiction.
- The file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E096 OF 2021
CORAM: HON. R.E. ABURILI, J
PETER OBARE AMARA..............................................................................APPLICANT
VERSUS
REPUBLIC..................................................................................................RESPONDENT
(Being an Application for Sentence Review against sentence in Siaya Principal Magistrate’s Courtin
Cr. Case No. 320 of 2015 by Hon. C.A. Okore, Senior Resident Magistrateon 15. 9.2016 AND
Siaya HCRA No. 115 of 2016 by Hon. Justice D.S. Majanja J on 19. 2.2018)
RULING
1. The applicant Peter Obare Amara 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 a term of 20 years imprisonment.
2. The applicant claims that he appealed vide HCRA 115/2016 which appeal was dismissed and that his further attempt to appeal to the Court of Appeal was thwarted by the dismissal of his application under Rule 113 of the Court of Appeal. He now seeks for review of the 20 years imprisonment on account that he has reformed and is remorseful as he has undergone rehabilitation such that he has can be reintegrated in the society. He prays for non-custodial sentence.
3. I have considered the application, grounds thereof. I note that the applicant seeks review of sentence lawfully imposed by the trial court and affirmed by the High court.
4. This court having affirmed the sentence imposed in a judgement rendered on appeal, has no jurisdiction to sit on its own appeal to review the sentence in sexual offences conviction on account of reformation or rehabilitation of the convict and especially in such a serious offence.
5. For the above reason and for want of requisite jurisdiction, the application filed on 22/10/2021 at Kisumu High Court and transferred to this court as 14/7/2021 by Kisumu High Court be and is hereby dismissed.
6. File is closed.
7. Orders accordingly.
Dated, signed and Delivered at Siaya this 20th Day of September 2021
R.E. ABURILI
JUDGE