[2022] KEHC 18090 (KLR)
The court held that it lacked jurisdiction to review or alter the sentence imposed on the applicant, who had been convicted of manslaughter and sentenced to detention at the president's pleasure after being found guilty but insane. The court found that the authority cited by the applicant was not applicable to the...
Source-derived case information.
- Citation
- [2022] KEHC 18090 (KLR)
- Parties
- Applicant: Joseph Wangila Wekesa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E027 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Review
- Outcome
- application dismissed for lack of jurisdiction
- Judges
- REA Ougo
- Legal Topics
- Sentence Review, Jurisdiction of High Court, President's Pleasure, Mercy Committee, Remand Period Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Wangila Wekesa
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Review
Legal Issues
- 1 Does the High Court have jurisdiction to review a sentence imposed at the president's pleasure for a conviction of manslaughter?
- 2 Is the applicant entitled to a resentencing or consideration of time spent in remand under Section 333(2) of the Criminal Procedure Code?
Ratio Decidendi
The court held that it lacked jurisdiction to review or alter the sentence imposed on the applicant, who had been convicted of manslaughter and sentenced to detention at the president's pleasure after being found guilty but insane. The court found that the authority cited by the applicant was not applicable to the present circumstances, as it did not address the unique legal regime governing sentences at the president's pleasure. The only lawful recourse available to the applicant is to petition the mercy committee for consideration of his case. Accordingly, the application for sentence review was dismissed and the file closed.
Court Disposition
application dismissed for lack of jurisdiction
Orders
- The application for sentence review is dismissed.
- The applicant may make his plea to the mercy committee as provided by law.
Full Case Text
Judgment text and source record
18 paragraphs
Wekesa v Republic (Miscellaneous Criminal Application E027 of 2020) [2022] KEHC 18090 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 18090 (KLR)
Republic of Kenya
In the High Court at Bungoma
Miscellaneous Criminal Application E027 of 2020
REA Ougo, J
December 20, 2022
Between
Joseph Wangila Wekesa
Applicant
and
Republic
Respondent
Ruling
1. Joseph Wangila Wekesa the applicant in this matter has field a chamber summons on the August 1, 2020. He seeks to have his sentence reviewed. According to his application and supporting affidavit he was convicted for an offence of manslaughter in criminal case No 05/2005 at Bungoma and sentenced to the president’s pleasure. He states that he did not appeal to the Court of Appeal against the High Court decision and have his application for sentence…He relies on the case of AOO & others vs the Attorney General2017 eKLR and avers further that the High Court has the jurisdiction to hear and determine the application under Article 165 (3) (b) of the Constitutionof Kenya 2010. He seeks that the court gives him a lenient alternative sentence under Article 50 (2) (b) (a) of the Constitutionof Kenya and further that the court invokes the provisions of Section 333 (2) ie the period spent in remand to factor in the sentence to be awarded.
2. The application was opposed by the Respondent. Miss Omondi submitted that this court lacks the jurisdiction to grant the orders sought for the following reasons; a court of similar jurisdiction sentenced the applicant after he pleaded guilty. That the applicant was found to be guilty and insane and sentenced to be held at the president’s pleasure. That the only recourse to the applicant is to forward his plea to the mercy committee.
3. I have considered the application and I agree with the submissions of the Respondent. This court lacks the jurisdiction to review the sentence imposed on the applicant. The authority relied didn’t deal with a similar issue. As submitted let the applicant make his plea to the mercy committee as provided in law. File is closed.
DATED, SIGNED, AND DELIVERED AT BUNGOMA IN OPEN COURT THIS 20TH DAY OF DECEMBER, 2022R.E. OUGOJUDGEIn the presence of:Ms Omondi – State CounselMs Wilkister – Court Assistant.Applicant : Joseph Wangila Wekesa– present online.