Ng’ong’a v Republic [2023] KEHC 23782 (KLR)

Ng’ong’a v Republic (Miscellaneous Criminal Application E052 of 2023) [2023] KEHC 23782 (KLR) (18 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23782 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E052 of 2023

DO Ogembo, J

October 18, 2023

Between

George Mukoya Ng’Ong’A

Applicant

and

Republic

Respondent

Ruling

1. The applicant George Mukoya Ng’ong’a has moved this court this court by way of a Chamber summons application filed on 20-4-2023. The application seeks review of his sentence (re-sentence). In the affidavit in support of the application, the applicant has deponed that he was charged with the offence of Murder contrary to section 203 as read with section 204 of the Penal Code. That he was convicted of the same and sentenced to serve 30 years imprisonment.

2. The applicant filed submissions to his application on 14-7-2023. I have perused the same. The same only raises mitigation factors that the applicant is a first offender, he is remorseful and has undergone rehabilitation. And finally, that he has aged parents and children who would require his attention. That the judgment delivered by the court did not consider these factors.

3. The Prosecution made an oral response to the submissions of the applicant, that in fact the sentence of 30 years imprisonment was lenient. And that this court has no jurisdiction in this matter. The High Court having decided on the same. And lastly, that in any case the appeal of the applicant to the Court of Appeal is still pending. The court was urged to dismiss this application.

4. I have considered the application of the applicant and the response by the State. The applicant was charged with the offence of Murder contrary to section 203 as read with section 204 of the Penal Code. After a full trial, he was convicted and sentenced to serve 30 years imprisonment to run from the date of his arrest on 12/7/2021.

5. The record of proceedings of the court clearly show that the court accorded the accused the opportunity to mitigate. The court even obtained a Presentence report and submissions were made on the same. Submissions were even got from the family of the deceased.

6. This matter was therefore comprehensively dealt with by the High Court. This court does not have any constitutional or legal authority to reconsider any finding or order of a Judge of concurrent jurisdiction. I decline the invitation of the applicant that this court relooks at the sentence meted out by my sister Justice R.E. Aburili. Of note also is the fact that the appeal of the applicant to the Court of Appeal is still pending unheard.

7. In conclusion, I find no merit in the application of the applicant filed herein on 20/4/2023. I dismiss the same wholly. Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 18TH DAY OF OCTOBER, 2023D.O. OGEMBOJUDGE10. 2023Court:Ruling read in court in the presence of the Applicant (Naivasha) and Ms. Mumu for the State.D.O. OGEMBOJUDGE10. 2023