[2020] KEHC 1367 (KLR)
The court held that an application seeking reduction of sentence based on mitigating circumstances must be brought as an appeal, not as a criminal revision. The criminal revision jurisdiction does not extend to reconsidering sentences on the basis of mitigation; such matters are properly addressed through the...
Source-derived case information.
- Citation
- [2020] KEHC 1367 (KLR)
- Parties
- Applicant: Benson Wanyonyi Wandera; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 47 of 2019
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed; file closed.
- Judges
- JW Lessit
- Legal Topics
- Defilement, Sentencing, Criminal Revision, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Wanyonyi Wandera
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court can consider a request for sentence reduction through criminal revision rather than appeal.
- 2 Whether the applicant's mitigating circumstances can be considered in a revision application.
Ratio Decidendi
The court held that an application seeking reduction of sentence based on mitigating circumstances must be brought as an appeal, not as a criminal revision. The criminal revision jurisdiction does not extend to reconsidering sentences on the basis of mitigation; such matters are properly addressed through the appellate process. The applicant's request was therefore procedurally improper, and the court declined to entertain the application as a revision, directing the applicant to file an appeal if he wished to challenge the sentence.
Court Disposition
Application dismissed; file closed.
Orders
- The application for revision is dismissed.
- The applicant is advised to file an appeal if he wishes to challenge the sentence.
Full Case Text
Judgment text and source record
16 paragraphs
REPUPLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL REVISION CASE NO. 47 OF 2019
LESIIT, J
BENSON WANYONYI WANDERA................................................................APPLICANT
VERSUS
REPUBLIC.....................................................................................................RESPONDENT
RULING
1. The applicant BENSON WANYONYI WANDERA has by a Notice of Motion dated 22nd February, 2019 sought this court to consider his mitigating circumstances. In the annexed affidavit he deposes that he was sentenced to serve 20 years imprisonment and wishes for the court to reduce his sentence. The committal warrant shows he was sentenced for defilement.
2. This is an appeal against sentence and should be filed appropriately as same. That will give court an opportunity to consider the case and determine the appropriateness of the sentence.
3. The Applicant should file an appeal as this matter cannot be considered as a revision.
Accordingly, this file is closed.
LESIIT, J
JUDGE
23/9/2020