[2020] KEHC 15 (KLR)
The court held that since the applicant had already exercised his right of appeal and the appeal was determined on merit by a court of competent jurisdiction, the application for sentence revision or reduction was misconceived and an abuse of court process. The applicant did not pursue a further appeal to the Court...
Source-derived case information.
- Citation
- [2020] KEHC 15 (KLR)
- Parties
- Applicant: Sairon Otieno Onyango; Respondent: State
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application EO13 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Sentence Revision Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Abuse of Process, Right of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sairon Otieno Onyango
Applicant
State
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Sentence Revision Application
Legal Issues
- 1 Whether the High Court can entertain a sentence revision application after the applicant has exhausted the appellate process without appealing to the Court of Appeal.
- 2 Whether the application for sentence reduction constitutes an abuse of court process.
Ratio Decidendi
The court held that since the applicant had already exercised his right of appeal and the appeal was determined on merit by a court of competent jurisdiction, the application for sentence revision or reduction was misconceived and an abuse of court process. The applicant did not pursue a further appeal to the Court of Appeal, which would have been the appropriate forum to consider any issues regarding the sentence. Accordingly, the application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application for sentence revision or reduction is dismissed.
- File closed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC CRIMINAL APPLICATION NO. EO13 OF 2020
SAIRON OTIENO ONYANGO..........APPLICANT
VERSUS
STATE...............................................RESPONDENT
(Being an application seeking Sentence Reduction against sentence, delivered vide Siaya PMCRC 256 of 2011 on 27. 6.2011 before Hon. W. K. CHEPSEBA – P.M. , Kisumu HCRA 176 OF 2011)
RULING
1. The accused was Sairon Otieno Onyango and Another and were charged with gang rape contrary to Section 10 of the Sexual Offences Act, He pleaded guilty and was sentenced to serve 20 years imprisonment by Hon. W.K. Chepseba, P.M. He appealed vide Kisumu HCCRA 176/2011 which was dismissed on 28. 11. 2013 by Hon. H.K. Chemitei – J. His co-accused Geoffrey Oduor Oyugi appealed vide Siaya HCRA 41/2015 and the appeal was dismissed by Hon. J.A. Makau – J as 15. 2.2017. Now the Convict/Appellant/Applicant seeks for sentence Revision.
2. I have received and perused the original case file for the trial court which is Siaya PMCR 2020 No. 256/2011.
3. The applicant/Convict having exercised his right of appeal and as the appeal was determined on merit by a court of competent jurisdiction concurrent with this court, I find this application for resentence and/or sentence reduction misconceived and abuse of court process. This is so because the applicant never filed any appeal before the Court of Appeal which could have considered the sentence issue. The same is hereby dismissed.
4. File closed.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 3RD DAY OF DECEMBER, 2020
R.E. ABURILI
JUDGE