[2021] KEHC 5491 (KLR)
The High Court found that it had already dismissed a previous application for sentence revision by the applicant on the same conviction and sentence. As such, the court is functus officio and lacks jurisdiction to entertain a second application for revision on the same matter. The principle that a court cannot sit...
Source-derived case information.
- Citation
- [2021] KEHC 5491 (KLR)
- Parties
- Applicant: Collins Oduor Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E064 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Jurisdiction of High Court, Criminal Conviction, Repeat Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Collins Oduor Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain a second application for sentence revision after a similar application was previously dismissed.
- 2 Whether the applicant is entitled to a revision of sentence in the circumstances.
Ratio Decidendi
The High Court found that it had already dismissed a previous application for sentence revision by the applicant on the same conviction and sentence. As such, the court is functus officio and lacks jurisdiction to entertain a second application for revision on the same matter. The principle that a court cannot sit on its own appeal or review its own decision without new jurisdictional grounds applies. Therefore, the application for sentence revision is declined and dismissed.
Court Disposition
application dismissed
Orders
- The application for sentence revision is declined and dismissed.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION E064 OF 2021
COLLINS ODUOR OCHIENG............................................................................................APPLICANT
VERSUS
REPUBLIC...........................................................................................................................RESPONDENT
(Application from the judgment, conviction and sentence in SIAYA PM’S MAGISTRATE’S COURT
Cr Case No. 81 OF 2019 of dated 27. 8.2019 by Hon. J.O. Ong’ondo – Principal Magistrate)
RULING
1. The Convict Collins Oduor Ochieng was convicted of the offence of breaking into and entering a building and committing a felony contrary to section 306 (a) of the Penal Code. He was sentenced to serve 4 years imprisonment by Hon. J. Ong’ondo Principal Magistrate in Criminal Case Number 81 of 2019. The value of the stolen propriety was KShs.200,000/=.
2. He never appealed. He instead filed before this court and application for sentence Revision vide High Court Criminal Revision Number E016 of 2020 which application was dismissed and now he is back before the court seeking for the same revision of sentence Orders.
3. This court having dismissed a similar application is now deprived of any jurisdiction to sit on its own appeal. Accordingly, the application is hereby declined and dismissed.
4. File closed.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 28TH DAY OF JUNE, 2021
R. E. ABURILI
JUDGE