[2020] KEHC 1620 (KLR)
The court held that it lacks jurisdiction to reduce a sentence through a revision application when the relief sought pertains to sentence remission, as this is a matter exclusively within the discretion of the Prisons authorities and not the court. The application for sentence reduction was therefore found to be...
Source-derived case information.
- Citation
- [2020] KEHC 1620 (KLR)
- Parties
- Applicant: Vitalis Okoth Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E008 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Reduction
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Arson Offence, Powers of High Court, Sentence Remission, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vitalis Okoth Omondi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Reduction
Legal Issues
- 1 Whether the High Court has jurisdiction to reduce a sentence through a revision application.
- 2 Whether sentence remission is within the court's discretion or that of the Prisons authorities.
Ratio Decidendi
The court held that it lacks jurisdiction to reduce a sentence through a revision application when the relief sought pertains to sentence remission, as this is a matter exclusively within the discretion of the Prisons authorities and not the court. The application for sentence reduction was therefore found to be without merit and dismissed accordingly.
Court Disposition
application dismissed
Orders
- The application for sentence reduction is dismissed.
- File closed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. E008 OF 2020
VITALIS OKOTH OMONDI.............................................APPLICANT
VERSUS
REPUBLIC......................................................................RESPONDENT
(Being an Application for Revision of sentence in Criminal Case No. 556 of 2016 at Senior Resident Magistrate’s court, Ukwala delivered on 02. 03. 2017)
RULING
1. I have considered the Application for sentence Reduction by the Applicant Vitalis Okoth Omondi.
2. He claims he was sentenced on 2/3/2017 to serve 7 years imprisonment for the offence of arson. He claims he never appealed and now wants sentence reduction.
3. This court has no power to reduce sentence through an application of this nature as sentence remission is in the discretion of the Prisons authorities not the court.
4. Accordingly, I find this Application devoid of merit. I hereby dismiss it.
5. File closed.
6. Orders accordingly.
Dated, signed and Delivered at Siaya this 2nd day of November 2020
R.E. ABURILI
JUDGE