[2024] KEHC 1853 (KLR)
The court held that since the applicant had already filed an appeal against his conviction and sentence, which was dismissed, the High Court lacked jurisdiction to entertain a revision application on the same matter. The proper forum for any further challenge to the sentence was the Court of Appeal. Consequently,...
Source-derived case information.
- Citation
- [2024] KEHC 1853 (KLR)
- Parties
- Applicant: Boignan Aude Bertille Danho; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 43 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Revision, Narcotic Offences, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boignan Aude Bertille Danho
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to revise the applicant's sentence after dismissal of his appeal.
- 2 Whether the applicant is entitled to a lesser sentence based on alleged reformation.
Ratio Decidendi
The court held that since the applicant had already filed an appeal against his conviction and sentence, which was dismissed, the High Court lacked jurisdiction to entertain a revision application on the same matter. The proper forum for any further challenge to the sentence was the Court of Appeal. Consequently, the application for revision of sentence was dismissed for want of jurisdiction.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
Danho v Republic (Criminal Revision 43 of 2024) [2024] KEHC 1853 (KLR) (21 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1853 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 43 of 2024
DR Kavedza, J
February 21, 2024
Between
Boignan Aude Bertille Danho
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and convicted for the offence of trafficking in narcotic drugs contrary to section 4 (1) of the Narcotic Drugs and Psychotropic Substances (Control) Act, No. 4 of 1994. He was sentenced to serve 25 years imprisonment in addition to payment of a fine of Ksh. 91. 80 million in default to serve an additional 1 year.
2. He filed an application seeking revision of sentence. He argued that since his incarceration seven (7) years ago, he had since reformed and prayed for a lesser sentence.
3. I have considered the application, the arguments in support and the applicable law. From the record, the applicant filed an appeal which was dismissed by Hon. Chepkwony J. In the circumstances, the right forum for the applicant is the Court of Appeal. As such, the application is dismissed.Order accordingly.
RULING DATED AND DELIVERED THIS 21ST DAY OF FEBRUARY 2024. ..........................D. KAVEDZAJUDGE