[2021] KEHC 5553 (KLR)
The High Court at Siaya lacks supervisory jurisdiction over the Maseno Law Courts. Consequently, it cannot entertain or determine an application for sentence review arising from a decision of the Maseno Principal Magistrate Court. Even if jurisdiction existed, the application was found to be without merit....
Source-derived case information.
- Citation
- [2021] KEHC 5553 (KLR)
- Parties
- Applicant: Robert Ondu Okore; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E002 of 2021
- Procedural Posture
- Criminal Constitutional Petition / Sentence Review Application
- Outcome
- Application dismissed for want of jurisdiction and lack of merit.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Jurisdiction, Robbery With Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Ondu Okore
Applicant
Republic
Respondent
Procedural Posture
Criminal Constitutional Petition / Sentence Review Application
Legal Issues
- 1 Whether the High Court at Siaya has supervisory jurisdiction over Maseno Law Courts for purposes of sentence review.
- 2 Whether the application for sentence review is merited.
Ratio Decidendi
The High Court at Siaya lacks supervisory jurisdiction over the Maseno Law Courts. Consequently, it cannot entertain or determine an application for sentence review arising from a decision of the Maseno Principal Magistrate Court. Even if jurisdiction existed, the application was found to be without merit. Therefore, the application for sentence review was dismissed and the file closed.
Court Disposition
Application dismissed for want of jurisdiction and lack of merit.
Orders
- The application for sentence review is dismissed.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL CONSTITUTIONAL PETITION NO. E002 OF 2021
CORAM: R.E. ABURILI, J
ROBERT ONDU OKORE.........................................................................APPLICANT
VERSUS
REPUBLIC.............................................................................................RESPONDENT
(Being an Application seeking sentence review in Maseno Principal Magistrate Court
Cr. Case No. 48 of 2019)
RULING
1. I have considered the Review application filed on 22/6/2021.
2. The application claims that he was convicted by Maseno court for the offence of robbery with violence and sentenced to serve 5 years imprisonment.
3. Maseno Law Courts does not fall within the supervisory jurisdiction of this court. I decline to hear the application for sentence review which is not even merited and dismiss it.
4. File closed.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 30TH DAY OF JUNE, 2021
R.E. ABURILI
JUDGE