Mayende v Republic [2022] KEHC 18048 (KLR)

Mayende v Republic (Miscellaneous Criminal Application E038 of 2021) [2022] KEHC 18048 (KLR) (20 December 2022) (Ruling)

Neutral citation: [2022] KEHC 18048 (KLR)

Republic of Kenya

In the High Court at Bungoma

Miscellaneous Criminal Application E038 of 2021

REA Ougo, J

December 20, 2022

Between

Jocktan Mayende

Applicant

and

Republic

Respondent

Ruling

1. Jocktan Mayende was sentenced to serve 12 years for murder on the March 29, 2018. He now seeks a reduction of the sentence. As submitted the penalty for the offence of murder is still a death sentence. In sentencing the accused to 12 years the trial judge considered the facts, the applicants mitigation and the fact he is a first offender.

2. The applicant is back again in the High court to have the sentence reduced. This court lacks the jurisdiction to do so as the court that sentenced the applicant is a court of equal jurisdiction and I cannot resentence the applicant. I am not saying that he got off with a light sentence. There is no merit in his application and its dismissed. 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 : Jocktan Mayende – present online.