[2022] KEHC 1377 (KLR)
The court found that the application for sentence review was res judicata, as the applicant had previously appealed and sought review of his sentence, both of which had been determined. Even if the matter were not res judicata, the court held that the applicant was a repeat offender who had committed not only...
Source-derived case information.
- Citation
- [2022] KEHC 1377 (KLR)
- Parties
- Applicant: Atnas Nandi Shitandi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 84 of 2019
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Review
- Outcome
- application dismissed
- Judges
- BA Mitullah
- Legal Topics
- Sentence Review, Repeat Offender, Res Judicata, Remorse, Community Safety
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Atnas Nandi Shitandi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the applicant's sentence can be reviewed and reduced again after previous applications and appeals.
- 2 Whether the application is barred by the doctrine of res judicata.
Ratio Decidendi
The court found that the application for sentence review was res judicata, as the applicant had previously appealed and sought review of his sentence, both of which had been determined. Even if the matter were not res judicata, the court held that the applicant was a repeat offender who had committed not only economic crimes but also harmed individuals in the community. The applicant's lack of remorse and the community's opposition to his return further weighed against granting the application. Accordingly, the court dismissed the application for sentence review.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
MISCELLANEOUS CRIMINAL APPLICATION NO. 84 OF 2019
ATNAS NANDI SHITANDI......................................APPLICANT
VERSUS
REPUBLIC............................................................RESPONDENT
R U L I N G and O R D E R
1. The Applicant has made an Applicant has made an Application for his sentence to be reviewed and reduced.
2. The Applicant previously filed an Appeal namely HC. Criminal Appeal No. 119 of 2018 where his appeal against conviction was dismissed however the sentence was reviewed downwards. Later he made a further Application in HC. Misc. Criminal Application No. 84 of 2019. That Ruling was delivered on 12th November 2021.
3. The Applicant has also filed an application that the sentence be reviewed again.
4. It is the view of this Court that the Application is res judicata. In so far as it is not res judicata the Application is dismissed for the following reasons:-
(1) The Applicant is a repeat offender.
(2) His crimes are not just economic crimes but he has also harmed people.
(3) His neighbours do not want him back in the Community because he has previously preyed upon them.
(4) It is clear from the tenor of the Application and the demeanour of the Applicant that he has not learnt his lesson. He shows no remorse whatsoever.
In the circumstances the Application is dismissed.
Order accordingly,
FARAH AMIN
JUDGE
Delivered, Dated and Signed this the 16th day of March 2022 in Kakamega.
Read in Open Court in the Presence of:
Court Assistant:
Prosecutor:
Accused: