Naibei v Republic [2023] KEHC 26129 (KLR)

Naibei v Republic (Miscellaneous Application E089 of 2021) [2023] KEHC 26129 (KLR) (16 November 2023) (Ruling)

Neutral citation: [2023] KEHC 26129 (KLR)

Republic of Kenya

In the High Court at Bungoma

Miscellaneous Application E089 of 2021

REA Ougo, J

November 16, 2023

Between

Victor Rotich Naibei

Applicant

and

Republic

Respondent

Ruling

1. Victor Rotich Naibei, the applicant, is seeking a revision of his sentence in respect of the defilement case against him. He was sentenced to serve 20 years imprisonment. He avers as follows in his affidavit in support of his application; that he was tried and convicted and sentenced to serve 20 years imprisonment. His wife who was convicted with him was sentenced to serve 10 years imprisonment. He is a father of two and their children are currently staying with their grandparents hence lacking parental care. He is seeking a reduction of his sentence or non-custodial sentence. He prays that the court considers the time spent in remand.

2. The application was opposed. Miss Omondi submitted that the applicant was convicted and sentenced. His appeal was dismissed and conviction upheld. He is back in court for re-sentencing. That this court lacks the jurisdiction to determine the application as a court of similar jurisdiction heard his appeal. That is his application has merit and has a high chance of success based on the Constitution.

3. I have considered the application and oral submissions. The applicant filed an appeal in HCCRA No. 86 of 2013. His appeal was dismissed and he is back again in the High Court seeking a reduction of his sentence. I agree with the respondent that this court lacks the jurisdiction to hear his application for reduction of his sentence. This is an abuse of the court process. His only recourse is to appeal to the Court of Appeal. I therefore find no merit in the application and dismiss it. The file is closed.

DATED, SIGNED, AND DELIVERED AT BUNGOMA THIS 16TH DAY OF NOVEMBER 2023. R.E. OUGOJUDGEIn the presence of:Victor Rotich Naibei/Applicant - PresentMiss Omondi - For the Respondent - Present