[2019] KEHC 3236 (KLR)
The High Court held that it is functus officio after having delivered judgment on the appeal against conviction and sentence. Entertaining an application for revision of sentence after the appeal would amount to the court sitting on its own appeal, which is not permitted by law. The court therefore lacks...
Source-derived case information.
- Citation
- [2019] KEHC 3236 (KLR)
- Parties
- Appellant: Byron Omondi Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 62 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Revision of Sentence, Functus Officio, Jurisdiction of High Court
- 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
Byron Omondi Otieno
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to revise a sentence after it has already determined an appeal on the same matter.
- 2 Whether the court is functus officio after pronouncing itself on appeal.
Ratio Decidendi
The High Court held that it is functus officio after having delivered judgment on the appeal against conviction and sentence. Entertaining an application for revision of sentence after the appeal would amount to the court sitting on its own appeal, which is not permitted by law. The court therefore lacks jurisdiction to hear and determine the application for revision of sentence once it has already pronounced itself on the appeal. Accordingly, the application for revision was found to be devoid of substance and was dismissed.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
- The file is hereby closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL DIVISION
CRIMINAL REVISION NO. 62 OF 2019
BYRON OMONDI OTIENO...................................................APPELLANT
VERSUS
REPUBLIC...........................................................................RESPONDENT
(Being an application for Revision of sentence in Ukwala HCCR. Case No. 350 and 352 of 2016
dated 8. 9.2016 before Hon. G. Adhiambo - SRM).
RULING:
1. On 13. 6.2018 this Court delivered a judgment dismissing the appeal filed by the appellant Byron Omondi Otieno, against conviction and sentence in HC RA 142/2016 arising from Ukwala SRM CR. Case No. 352/2016 wherein he was convicted for the offence of being found in possession of a firearm without a permit and sentenced to serve 10 years imprisonment.
2. He has now filed this application for revision of sentence. This Court has no jurisdiction to hear and determine an application for sentence revision after pronouncing itself on appeal as it will be sitting on its own appeal.
3. As the Court is funtus officio, I find the application for revision of sentence devoid of substance. The same is hereby dismissed.
4. The file is hereby closed.
Dated, signed and delivered at Siaya this 16th day of October, 2019.
R.E. ABURILI
JUDGE