[2020] KEHC 2440 (KLR)
The court held that it lacked jurisdiction to revise the applicant's sentence because the applicant had already appealed the conviction and sentence, and the appeal had been dismissed. Sections 362-364 of the Criminal Procedure Code expressly bar the High Court from exercising revisionary powers in circumstances...
Source-derived case information.
- Citation
- [2020] KEHC 2440 (KLR)
- Parties
- Applicant: Alfred Odhiambo Achar; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 69 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Manslaughter, Sentence Revision, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfred Odhiambo Achar
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the High Court has jurisdiction to revise a sentence after an appeal has been determined.
- 2 Whether the sentence imposed on the applicant was lawful and subject to revision.
Ratio Decidendi
The court held that it lacked jurisdiction to revise the applicant's sentence because the applicant had already appealed the conviction and sentence, and the appeal had been dismissed. Sections 362-364 of the Criminal Procedure Code expressly bar the High Court from exercising revisionary powers in circumstances where an appeal has been determined or could have been filed. The sentence imposed was found to be lawful and lenient, and there was no legal basis for interference. Consequently, the application for sentence revision was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application for sentence revision dated 10/8/2020 is dismissed.
- The file is hereby closed.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 69 OF 2020
ALFRED ODHIAMBO ACHAR.......................................................APPLICANT
VERSUS
REPUBLIC......................................................................................RESPONDENT
(Being an Application for Revision of sentence in Criminal Case No. 114 of 2016
delivered on 5. 5.2020 at Bondo PM’s Court)
RULING
1. The Applicant Alfred Odhiambo Achar was convicted for the offence of Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. He was sentenced to serve 7 years imprisonment by Bondo PM’s court in Cr. Case No. 114/2016.
2. He appealed to this court vide HCRA 23/2018 which appeal was dismissed.
3. The applicant/convict now seeks for Sentence revision on account of remorse.
4. I have considered the application for sentence Revision dated 10/8/2020 and the supporting unsworn affidavit. The Applicant claims that he has now served 3 years and 2 months imprisonment of the 7 years prison term imposed.
5. However Section 362-364 of the Criminal Procedure Code on Revision does not permit this court to revise sentence where one has appealed or where he/she could have filed an appeal.
6. This court has no jurisdiction to consider an appeal as well as Revision of sentence simultaneously or where an appeal has been determined, the court cannot consider revising lawful sentence.
7. The sentence imposed was lawful and lenient.
8. I find no jurisdiction to interfere with the same.
9. The application for sentence revision dated 10/8/2020 is hereby dismissed.
10. The file is hereby closed.
11. Orders accordingly.
Dated, signed and Delivered at Siaya this 11th day of August 2020
R.E. ABURILI
JUDGE