[2014] KEHC 4401 (KLR)
The court held that under Section 364(5) of the Criminal Procedure Code, it is precluded from entertaining a revision application brought by a party who has a right of appeal. The applicant, Damaris Yusuf, had the right to appeal the sentence imposed in the lower court but instead sought revision. The grounds raised...
Source-derived case information.
- Citation
- [2014] KEHC 4401 (KLR)
- Parties
- Applicant: Damaris Yusuf; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 4 of 2014
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision
- Outcome
- application struck out
- Legal Topics
- Revision Jurisdiction, Right of Appeal, Supervisory Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Damaris Yusuf
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision
Legal Issues
- 1 Whether the High Court can entertain a revision application at the insistence of an applicant who has a right of appeal.
- 2 Whether the grounds raised in the application for revision are properly to be urged on appeal.
Ratio Decidendi
The court held that under Section 364(5) of the Criminal Procedure Code, it is precluded from entertaining a revision application brought by a party who has a right of appeal. The applicant, Damaris Yusuf, had the right to appeal the sentence imposed in the lower court but instead sought revision. The grounds raised in the application were such as could be properly urged on appeal. Therefore, the application for revision was incompetently before the court and could not be entertained. The court accordingly struck out the application for want of jurisdiction.
Court Disposition
application struck out
Orders
- The application for revision is struck out.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL REVISION CASE NO. 4 OF 2014
(REVISION ARISING FROM THE SENTENCE OF HON. G. KIAGE (RM)
VIDE BOMET P.M CRIMINAL CASE NO.527 OF 2014 ON 12TH MAY 2014)
DAMARIS YUSUF - APPLICANT
VERSUS
REPUBLIC - RESPONDENT
RULING
Pursuant to the application dated 26th May 2014, Damaris Yusuf, through her advocates, M/S Tengekyon & Co. Advocates, beseeched this court to exercise its supervisory power of revision to set aside the order on sentence. Under Section 364(5) of the Criminal Procedure Code, this court is not allowed to entertain any revision at the insistence of the Applicant who has a right of appeal. The applicant has raised in her application for revision grounds which can be urged on appeal.
Damaris Yusuf through her advocates, has prompted this court to exercise its supervisory power of revision instead of preferring an appeal or instead of using other people who have no interest in the matter to move the court to exercise its power of revision. I find the revision to be incompetently before this court. It is hereby ordered struck out.
Dated, signed and delivered this 6th day of June 2014
J. K. SERGON
JUDGE
In Chambers in the absence of the parties.