[2024] KEHC 11202 (KLR)
The court held that it is devoid of jurisdiction to entertain a sentence revision application where the sentence has already been upheld on appeal by the High Court and the matter is pending before the Court of Appeal. The applicant's recourse lies with the appellate court, not through revision by the High Court....
Source-derived case information.
- Citation
- [2024] KEHC 11202 (KLR)
- Parties
- Applicant: Elizabeth Atieno Aywa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E137 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Sentence Revision, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Atieno Aywa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to revise a sentence that has already been upheld on appeal and is pending before the Court of Appeal.
Ratio Decidendi
The court held that it is devoid of jurisdiction to entertain a sentence revision application where the sentence has already been upheld on appeal by the High Court and the matter is pending before the Court of Appeal. The applicant's recourse lies with the appellate court, not through revision by the High Court. Accordingly, the application for sentence revision was dismissed for want of jurisdiction.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Aywa v Republic (Criminal Revision E137 of 2024) [2024] KEHC 11202 (KLR) (24 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11202 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E137 of 2024
RE Aburili, J
September 24, 2024
Between
Elizabeth Atieno Aywa
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Maseno Senior Principal Magistrate Criminal Case No. 138 of 2016)
Ruling
1. The Applicant is Elizabeth Atieno Aywa. She was convicted vide Maseno SPM Criminal Case No. 138 of 2016 of the offence of robbery with violence and sentenced to serve life imprisonment.
2. She claims that she appealed vide Kisumu HCRA No. 5 of 2019 which appeal was dismissed and that she lodged an appeal to the Court of Appeal which has not been heard todate so she is applying for Sentence Revision because she has been in prison for 8 years.
3. I have considered the application. This court is devoid of jurisdiction to revise sentence which is upheld on appeal by the same court and which decision is pending before the Court of Appeal for consideration.
4. The application which was filed on 10th September 2024 is dismissed.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE