Muhonya v Republic [2023] KEHC 25207 (KLR)

Muhonya v Republic (Miscellaneous Criminal Application E049 of 2023) [2023] KEHC 25207 (KLR) (9 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25207 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E049 of 2023

DO Ogembo, J

November 9, 2023

Between

Alphonce Onyango Muhonya

Applicant

and

Republic

Respondent

Ruling

1. The applicant, Alphonce Onyango Muhonya filed a notice of Motion application herein on 19-4-2023. The same seeks revision of sentence of the applicant. The application is supported by an Affidavit sworn on 23-3-2023 in which the applicant depones that he was sentenced and convicted to life imprisonment for the offence of defilement. That on appeal, his sentence was reduced to 20 years imprisonment, one third of which he has served.

2. He has further deponed that he has served over 10 years in prison and has learned the hard way. Also that he has rehabilitated and learnt new skills while in prison.

3. The Prosecution has opposed this application on grounds that the appeal court already settled the issue of sentence.

4. I have considered this application and the submissions made to it by both the applicant and the State. I have also perused the judgment of the Hon. E.N. Maina (Judge) sitting on appeal and dated 24-7-2014. The Honourable Judge clearly dealt with the issue of sentence and accordingly revised the sentence of the applicant from the life imprisonment to 20 years imprisonment.

5. By asking this court to revise the order of the Hon. Justice E.N. Maina (above), the applicant is essentially asking the court to sit on appeal or revision over an order of a Judge of concurrent jurisdiction, not the Constitution nor any statute gives this court the jurisdiction to relook at or revise any findings or orders of a court of concurrent jurisdiction.

6. For lack of jurisdiction, I find the application of the applicant filed on 19/4/2023 lacking in merit. I dismiss the same wholly.

7. It is so ordered.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 9TH DAY OF NOVEMBER, 2023. D.O. OGEMBOJUDGE9. 11. 2023Court:Ruling read out in Open court in the presence of the applicant (from Kisumu Maximum Prison) and Mr. Kubebea for State.D.O. OGEMBOJUDGE9. 11. 2023