[2024] KEHC 7287 (KLR)
The court held that it lacks jurisdiction to review or revise a lawful sentence of death imposed for murder through an application for revision, especially where the applicant has not appealed the conviction or sentence and has not demonstrated any illegality, incorrectness, or impropriety in the proceedings or...
Source-derived case information.
- Citation
- [2024] KEHC 7287 (KLR)
- Parties
- Applicant: David Ochieng Yogo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E106 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Murder Conviction, Death Sentence Commutation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Ochieng Yogo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the High Court can revise a lawful sentence of death imposed for murder upon application for revision.
- 2 Whether the applicant provided sufficient grounds for revision of sentence.
Ratio Decidendi
The court held that it lacks jurisdiction to review or revise a lawful sentence of death imposed for murder through an application for revision, especially where the applicant has not appealed the conviction or sentence and has not demonstrated any illegality, incorrectness, or impropriety in the proceedings or sentence. The commutation of the death sentence to life imprisonment by executive action does not provide a legal basis for the court to intervene by way of revision. The application was therefore found to be misconceived and devoid of merit.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Yogo v Republic (Criminal Revision E106 of 2024) [2024] KEHC 7287 (KLR) (11 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7287 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E106 of 2024
RE Aburili, J
June 11, 2024
Between
David Ochieng Yogo
Applicant
and
Republic
Respondent
Ruling
1. The Applicant is David Ochieng Yogo. By his application dated 9th May 2024, he seeks for revision of sentence imposed on him on 30th March 2017 vide Kisumu HC Criminal Case No 013 of 2015 where he was convicted of the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code and sentenced to death.
2. No proceedings and judgment in the stated case are annexed.
3. The Applicant does not explain why he did not appeal against conviction or sentence.
4. This court cannot review lawful sentence vide an application for revision.
5. Furthermore, the death sentence was commuted to life imprisonment on 21st November 2022 as per the warrant of commitment for imprisonment annexed.
6. I find the application for sentence revision to be misconceived and devoid of merit. It is dismissed.
7. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 11THDAY OF JUNE, 2024R. E. ABURILI................................JUDGEI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR