[2020] KEHC 522 (KLR)

[2020] KEHC 522 (KLR)

The court found that the applicant, having escaped from lawful custody while facing a charge of robbery with violence, was not entitled to the exercise of the court's discretion in revising his sentence. The escape from custody demonstrated disregard for the law and undermined the integrity of the judicial process....

Source-derived case information.

Citation
[2020] KEHC 522 (KLR)
Parties
Applicant: Daniel Omondi Achola; Respondent: State
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Criminal Revision E022 of 2020
Procedural Posture
Criminal Revision / Ruling
Outcome
application dismissed
Judges
RE Aburili
Legal Topics
Revision of Sentence, Escape From Lawful Custody, Robbery With Violence, Criminal Procedure
Source Language
en
Criminal Law Revision of Sentence Escape From Lawful Custody Robbery With Violence Criminal Procedure

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Summary, issues, holding and outcome

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Parties

Daniel Omondi Achola

Applicant

State

Respondent

Procedural Posture

Criminal Revision / Ruling

Legal Issues

  1. 1 Whether the applicant is entitled to a revision of sentence after escaping from lawful custody while facing a charge of robbery with violence.

Ratio Decidendi

The court found that the applicant, having escaped from lawful custody while facing a charge of robbery with violence, was not entitled to the exercise of the court's discretion in revising his sentence. The escape from custody demonstrated disregard for the law and undermined the integrity of the judicial process. Consequently, the application for revision of sentence was found to be without merit and was dismissed.

Court Disposition

application dismissed

Orders

  • The application for revision of sentence is dismissed.
  • File closed.