[2021] KEHC 5310 (KLR)
The court determined that it had no jurisdiction to revise the sentence imposed and upheld on appeal, as the application did not fall within the scope of Section 3(1) of the Community Service Orders Act. The request for a Community Service Order could not be entertained in these circumstances, and the application...
Source-derived case information.
- Citation
- [2021] KEHC 5310 (KLR)
- Parties
- Applicant: Stephen Owino Ouma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E016 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Manslaughter, Sentence Revision, Community Service Orders, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Owino Ouma
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the High Court has jurisdiction to revise a sentence upheld on appeal for the purpose of prison decongestion.
- 2 Whether the applicant qualifies for a Community Service Order under the Community Service Orders Act.
Ratio Decidendi
The court determined that it had no jurisdiction to revise the sentence imposed and upheld on appeal, as the application did not fall within the scope of Section 3(1) of the Community Service Orders Act. The request for a Community Service Order could not be entertained in these circumstances, and the application for sentence revision was therefore dismissed.
Court Disposition
application dismissed
Orders
- The application for sentence revision is declined and dismissed.
- File closed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION E016 OF 2021
STEPHEN OWINO OUMA......................APPLICANT
VERSUS
REPUBLIC..............................................RESPONDENT
(Revision Application from the judgment, conviction and sentence in Siaya P.M’s Cr. C. 419 of 2017 by Hon. J.O. Ong’ondo – P.M. Siaya H.CCRA No. 37 of 2019, by Hon. R.E. Aburili-J
RULING
1. Stephen Owino Oumawas convicted of the offence of Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. He was sentenced to serve 7 years imprisonment. He appealed to this court vide HCRA 37 of 2019 which appeal was dismissed vide judgment rendered on 15. 9.2020.
2. He has returned to this court with the request for revision of sentence for prison decongestion exercise. I have considered the request and Probation Officer’s Report filed on 11. 6.2021 which recommends Community Service Order at Ominde Primary School. This court is devoid of jurisdiction to revise the judgment upholding the conviction and sentence imposed considering that this is not a matter that falls within the purview of Section 3 (1) of the Community Service Orders Act.
3. Accordingly, the application for sentence Revision is hereby declined and dismissed.
4. Filed Closed.
5. Orders accordingly.
DATED AND SIGNED AT SIAYA THIS 30TH DAY OF JUNE, 2021
R.E. ABURILI
JUDGE