[2020] KEHC 3334 (KLR)
The High Court lacks jurisdiction to entertain a sentence reduction application where the Court of Appeal has already determined the sentence, reducing it from death to a custodial term. Additionally, the applicant improperly filed the application in a court outside the geographical jurisdiction where the conviction...
Source-derived case information.
- Citation
- [2020] KEHC 3334 (KLR)
- Parties
- Applicant: Vincent Nunde Murunga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 59 of 2020
- Procedural Posture
- Criminal Application / Ruling on Application for Sentence Reduction
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Sentence Reduction, Jurisdiction, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Nunde Murunga
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Sentence Reduction
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain an application for sentence reduction after the Court of Appeal has already reduced the sentence.
- 2 Whether the application is competent given the applicant's bypassing of proper geographical jurisdiction.
Ratio Decidendi
The High Court lacks jurisdiction to entertain a sentence reduction application where the Court of Appeal has already determined the sentence, reducing it from death to a custodial term. Additionally, the applicant improperly filed the application in a court outside the geographical jurisdiction where the conviction and prior appeals were heard. These dual jurisdictional defects render the application fatally incompetent and an abuse of court process, warranting its dismissal.
Court Disposition
application dismissed
Orders
- The application is dismissed for want of jurisdiction and as an abuse of court process.
- The file is closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL APPLICATION NO. 59 OF 2020
VINCENT NUNDE MURUNGA.................................................APPLICANT
VERSUS
REPUBLIC.................................................................................RESPONDENT
(Being an application seeking for sentence reduction from original Butali PM’s Court Criminal Case No. 105 of 2013, Kakamega HC Cr. A No. 175 of 2013 and, Kisumu Court of Appeal Cr. Appeal No. 211 of 2018)
RULING
1. The applicant VINCENT NUNDE MURUNGA is serving a 20 year prison term which was reduced from death sentence imposed by the Principal Magistrate’s Court at Butali, in Butali PM CR. Case No. 105 of 2013 upon conviction for the Offence of Robbery with Violence contrary to section 296(2) of the Penal Code.His appeal to the Kakamega High Court vide Kakamega High Court Criminal Appeal No. 175 of 2013, was dismissed by a 2 judge bench on 30. 9.2015. He appealed to the Court of Appeal which dismissed the appeal against conviction but reduced sentence to 20 years imprisonment vide Court of Appeal Criminal Appeal No. 211 of 2018 at Kisumu Court of Appeal.
2. He now brings this application which is not even signed, seeking for sentence reduction to non-custodial sentence because his family is suffering.
3. I have considered the prima facie incompetent applications.
4. This Court is devoid of Jurisdiction to entertain a sentence reduction application where the Court of Appeal already reduced the sentence from death to custodial term.
5. Furthermore, the applicant has by passed the Geographical Jurisdictional channels and come all the way to Siaya High Court to ventilate his grievances yet he was convicted by Courts exercising jurisdiction within Kakamega.
6. For the above dual reasons, I hereby find this application to be fatally incompetent, devoid of merit and an abuse of Court process. The same is hereby dismissed and this file is closed.
7. Orders accordingly.
Dated, Signed and Delivered at Siaya this 1st Day of September, 2020
R. E. ABURILI
JUDGE