Alfred Odhiambo Achar v Republic [2020] eKLR Case Summary

Court
High Court of Kenya at Siaya
Category
Criminal
Judge(s)
R.E. Aburili
Judgment Date
August 11, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
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Case Brief: Alfred Odhiambo Achar v Republic [2020] eKLR

1. Case Information:
- Name of the Case: Alfred Odhiambo Achar v. Republic
- Case Number: Criminal Revision No. 69 of 2020
- Court: High Court of Kenya at Siaya
- Date Delivered: August 11, 2020
- Category of Law: Criminal
- Judge(s): R.E. Aburili
- Country: Kenya

2. Questions Presented:
- The central legal issue is whether the High Court has jurisdiction to revise a sentence after an appeal has been dismissed, specifically in the context of a convicted individual seeking sentence revision based on claims of remorse.

3. Facts of the Case:
- The applicant, Alfred Odhiambo Achar, was convicted of manslaughter under Section 202 as read with Section 205 of the Penal Code. He received a sentence of seven years imprisonment from the Bondo Principal Magistrate's Court in Criminal Case No. 114 of 2016. Following his conviction, Achar appealed the decision in High Court Criminal Appeal No. 23 of 2018, but the appeal was dismissed. Subsequently, he sought a revision of his sentence on the grounds of remorse, claiming to have served three years and two months of the imposed term.

4. Procedural History:
- After his conviction and sentencing in 2016, Alfred Odhiambo Achar pursued an appeal to the High Court, which was ultimately dismissed. On August 10, 2020, he filed an application for sentence revision, supported by an unsworn affidavit, in which he expressed remorse for his actions and requested a reconsideration of his sentence.

5. Analysis:
- Rules: The court examined Sections 362-364 of the Criminal Procedure Code, which govern the conditions under which a sentence may be revised. These provisions stipulate that a revision cannot be entertained if the individual has already appealed or could have appealed the sentence.
- Case Law: The court referenced the principle that once a lawful sentence has been imposed and an appeal has been determined, the jurisdiction to revise that sentence is limited. The court emphasized the importance of finality in judicial decisions to prevent endless litigation.
- Application: The court concluded that it lacked jurisdiction to consider Achar's application for sentence revision since he had already pursued an appeal that was dismissed. The judge noted that the original sentence was lawful and lenient, and thus, there were no grounds to interfere with it.

6. Conclusion:
- The High Court dismissed the application for sentence revision, affirming that the law does not allow for such a revision after an appeal has been resolved. This ruling underscores the principle of finality in criminal proceedings and the limitations on judicial review of sentences once an appeal has been adjudicated.

7. Dissent:
- There were no dissenting opinions in this case, as the ruling was delivered by a single judge, R.E. Aburili.

8. Summary:
- The case of Alfred Odhiambo Achar v. Republic illustrates the restrictions on revising sentences in criminal cases post-appeal. The High Court's decision to dismiss Achar's application for sentence revision emphasizes the importance of legal finality and the adherence to procedural rules within the Kenyan judicial system. The ruling serves as a precedent regarding the limitations of judicial review of sentences once an appeal has been pursued and resolved.

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