Cornel Oketch Ochieng v Republic [2020] KEHC 1675 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CRIMINAL REVISION NO. E010 OF 2020

CORNEL OKETCH OCHIENG.....................................................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. The Applicant Cornel Oketch Ochieng seeks for sentence reduction on account that he has served one third of his sentence of 7 years for the offence of arson and assault causing actual bodily harm.

2. This court has no jurisdiction to reduce sentence which was not appealed against in such a serious offence.  In addition, the power to consider sentence remission is vested in the Prisons Department not the High Court.

3. For the above reasons, I find the Application for sentence reduction devoid of merit.  I dismiss it.

4. File closed.

5. Orders accordingly.

Dated, signed and Delivered at Siaya this 2nd day of November 2020

R.E. ABURILI

JUDGE