[2024] KEHC 9963 (KLR)
The court held that it lacked jurisdiction to revisit the sentence imposed on the applicant, as his appeal against conviction and sentence had already been dismissed, and a subsequent petition for resentencing had also been dismissed. The applicant failed to provide any new material or legal basis for the court to...
Source-derived case information.
- Citation
- [2024] KEHC 9963 (KLR)
- Parties
- Applicant: Peter Kiprotich Sigilai; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E110 of 2024
- Procedural Posture
- Criminal Application / Ruling on Application for Resentencing
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Sentencing, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Peter Kiprotich Sigilai
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the High Court has jurisdiction to revisit the sentence after dismissal of appeal and resentencing petition.
- 2 Whether the applicant is entitled to a reduction of sentence based on rehabilitation and time served.
Ratio Decidendi
The court held that it lacked jurisdiction to revisit the sentence imposed on the applicant, as his appeal against conviction and sentence had already been dismissed, and a subsequent petition for resentencing had also been dismissed. The applicant failed to provide any new material or legal basis for the court to reconsider the sentence. Consequently, the application for reduction of sentence was found to be devoid of merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for reduction of sentence is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Sigilai v Republic (Criminal Application E110 of 2024) [2024] KEHC 9963 (KLR) (12 August 2024) (Ruling)
Neutral citation: [2024] KEHC 9963 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Application E110 of 2024
RE Aburili, J
August 12, 2024
Between
Peter Kiprotich Sigilai
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Winam SPM Criminal Case No. 646 of 2014 by Hon Khasavuli, PM on 31/8/ 2016)
Ruling
1. The applicant herein is a convict of robbery wit violence contrary to section 296(2) of the Penal Code in the above cited case. He was sentenced to death. He appealed against conviction and sentence but the appeal was dismissed vide Kisumu HCRA 29 of 2016. He claims that he petitioned for resentencing but the petition No 29 of 2020 was dismissed by F.A.Ochieng J (as he then was in the High Court). He deposes that the death sentence was commuted to life imprisonment and now he wants this court to reduce the sentence to the term served of 8 years plus the 3 years he spent in custody because he has been rehabilitated. This court having dismissed his appeal, it has no jurisdiction to revisit the same.
2. Iam unable to find any material for consideration of the sentence imposed. I find the application devoid of any merit and the same is hereby dismissed.
3. Signal to issue.
4. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 12THDAY OF AUGUST, 2024R. E. ABURILIJUDGE