[2022] KEHC 10279 (KLR)
The court determined that, in the interests of justice and in light of Article 159(2) of the Constitution, the application for review of sentence should be treated as the appeal for which leave to file out of time had already been granted. The court directed that the trial records be called for and set the matter...
Source-derived case information.
- Citation
- [2022] KEHC 10279 (KLR)
- Parties
- Applicant: Laban Anami Abrili; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E002 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence, Treated as Appeal
- Outcome
- Application treated as appeal; trial records to be called for; matter set for mention.
- Judges
- WM Musyoka
- Legal Topics
- Review of Sentence, Appeal Out of Time, Exercise of Discretion, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Laban Anami Abrili
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence, Treated as Appeal
Legal Issues
- 1 Whether the application for review of sentence should be treated as an appeal after leave to appeal out of time was granted.
- 2 Whether the applicant is entitled to a review of the sentence imposed by the trial court.
Ratio Decidendi
The court determined that, in the interests of justice and in light of Article 159(2) of the Constitution, the application for review of sentence should be treated as the appeal for which leave to file out of time had already been granted. The court directed that the trial records be called for and set the matter for mention, thereby regularizing the applicant's approach and ensuring that the substantive issue of sentence review would be addressed on its merits.
Court Disposition
Application treated as appeal; trial records to be called for; matter set for mention.
Orders
- Deputy Registrar to call for the trial records in Butali Srmccrc No. 755 of 2021.
- Matter to be mentioned on 30th July 2022.
Full Case Text
Judgment text and source record
19 paragraphs
Abrili v Republic (Miscellaneous Criminal Application E002 of 2022) [2022] KEHC 10279 (KLR) (24 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10279 (KLR)
Republic of Kenya
In the High Court at Kakamega
Miscellaneous Criminal Application E002 of 2022
WM Musyoka, J
June 24, 2022
Between
Laban Anami Abrili
Applicant
and
Republic
Respondent
Ruling
1. On 2nd February 2022, I granted leave for admission of an appeal out of time. That was on an application in Kakamega HC Misc. Appli. No. E101 of 2021, filed at the instance of the applicant herein, Laban Anami Abrili. The leave was sought in respect of Butali Srmccrc No. 755 of 2021.
2. Upon leave being granted, it would appear that the applicant opted to file the instant application. Am not sure whether it is a criminal revision or not, but what he seeks is review of sentence. Ideally, when a person is unhappy with how a court exercised discretion in imposing sentence he files an appeal against the sentence, so that the appellant court can re-visit the record of the trial court to assess whether or not the exercise of discretion was properly done.
3. Am alive to Article 159 (2) of the Constitution. I shall treat the application before me as the appeal, whose admission I granted on 2nd February 2022.
4. Let the Deputy Registrar to call for the trial records in Butali SrmccrcNo. 755 of 2021. The matter shall be mentioned on 30th July 2022. A production order shall issue. Copies of this ruling to be made available to the applicant and the Office of the Director of Public Prosecutions.
DELIVERED, DATED AND SIGNED AT KAKAMEGA ON THIS 24th DAY OF JUNE 2022WM MUSYOKAJUDGEErick Zalo, Court Assistant.Laban Anami Abrili, the applicant, in person.Mr. Mwangi, instructed by the Director of Public Prosecutions, for the respondent.