[2021] KEHC 5542 (KLR)
The court found that it had already exercised its jurisdiction in a previous revision application by the same applicant on the same sentence, which had been dismissed. The applicant's continued assertion of innocence, despite a conviction on his own plea of guilty, was deemed dishonest and not a basis for the court...
Source-derived case information.
- Citation
- [2021] KEHC 5542 (KLR)
- Parties
- Applicant: Benard Shichende Shilibwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E022 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Stealing by Servant, Plea of Guilty, Probation Report, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Benard Shichende Shilibwa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant is entitled to a revision of sentence after a previous similar application was dismissed.
- 2 Whether the applicant's conduct and circumstances justify the exercise of the court's discretion in sentence revision.
Ratio Decidendi
The court found that it had already exercised its jurisdiction in a previous revision application by the same applicant on the same sentence, which had been dismissed. The applicant's continued assertion of innocence, despite a conviction on his own plea of guilty, was deemed dishonest and not a basis for the court to exercise its discretion in his favour. The court concluded that there were no new or compelling circumstances to justify revisiting the sentence, and therefore dismissed the application for sentence revision.
Court Disposition
application dismissed
Orders
- The request for sentence revision is dismissed.
- File closed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. E022 OF 2021
CORAM: R.E. ABURILI, J
BENARD SHICHENDE SHILIBWA.........................APPLICANT
VERSUS
REPUBLIC.............................................................RESPONDENT
(Being an Application for Revision of sentence in Bondo Principal Magistrate Court Cr. Case No. 1058 of 2019 on 18/12/2019 by Hon. E.N. Wasike, Senior Resident Magistrate AND Siaya HC Cr. Revision No. 43 of 2020 dated 23/3/2020)
RULING
1. Benard Shichende Shilibwa was convicted of the offence of stealing by servant contrary to Section 281 of the Penal Code. He was sentenced to serve 2½ years imprisonment on 18/12/2019. He did not appeal. He filed for sentence revision before this court in 2020 vide Criminal Revision No. 43 of 2020 which was dismissed on 23/3/2020.
2. The Probation Report shows that he has not acquired any life skills in prison which is a choice he has made. He maintains that he was innocent yet he was convicted on his own Plea of guilty. I find him dishonest and non-deserving of discretion of the court. Furthermore, this court has exhausted its jurisdiction in revision proceedings.
3. I decline the request for sentence revision which was declined earlier on.
4. The request is dismissed. File closed.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 30TH DAY OF JUNE, 2021
R.E. ABURILI
JUDGE