Aggrey Ondego Adie v Republic [2018] KEHC 2729 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

SIAYA HC. MISC. APPL. NO. 14 OF 2017

(CORAM: R. E. ABURILI - J.)

AGGREY ONDEGO ADIE...............APPLICANT

VERSUS

REPUBLIC.....................................RESPONDENT

(Formerly Kisumu HC Cr. Misc. Appl. 32 of 2017)

(Original Criminal Case No. 859 of 2011 T Bondo)

RULING ON REVISION OF SENTENCE

The Applicant Aggrey Ondego Adie was convicted of the offence of attempted defilement and by the Bondo PM’s Court in Criminal Case No. 859/2011 at Bondo.  He was sentenced to serve 10years imprisonment.  He appealed vide Kisumu HCRA No. 57/2014 which appeal he says was dismissed.  He now applies for review of sentence under Article 23(f) of the Constitution.

I have considered the Applicant/Convict’s application.  He brings it under Article 23(f) of the Constitution. Article 23(f) of the Constitution is just one of the order that a court hearing a Petition for breach of or violation of fundamental rights and freedom guaranteed under Article 22 of the Constitution may grant.  There is no petition before this court for redress of any right or freedom as stipulated in the Constitution.

The applicant is not alleging that by the conviction and sentence meted out on him by the trial court, or the appeal being discussed, his rights were violated.  He is seeking in my view to appeal, in the name of Judicial Review, of the orders of the High Court, I am dismissing this appeal.

This court has no jurisdiction to sit on appeal of a court of concurrent jurisdiction.

The review is a camouflaged appeal.

In addition, serving of lawful sentence cannot be a violation of fundamental rights and freedoms of a convict / applicant.

Accordingly, I find the application not merited and I proceed to dismiss the same.  The convict to complete the lawful sentence meted out on him in prison custody.

Orders accordingly.

Dated, Signed and Delivered at SIAYA this 30th Day of July 2018.

R.E. ABURILI

JUDGE