[2022] KEHC 1680 (KLR)
The High Court found that it lacked jurisdiction to entertain the application for sentence reconsideration under section 333(2) of the Criminal Procedure Code because the applicant had voluntarily withdrawn his appeals. Furthermore, the application was unsupported by any proceedings or evidence from the lower court...
Source-derived case information.
- Citation
- [2022] KEHC 1680 (KLR)
- Parties
- Applicant: Erick Omollo Rabilo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E022 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Consideration of Sentence Under Section 333(2) of the Criminal Procedure Code
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Reconsideration, Withdrawal of Appeal, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Omollo Rabilo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Consideration of Sentence Under Section 333(2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the High Court has jurisdiction to consider an application for sentence reconsideration under section 333(2) of the Criminal Procedure Code after the applicant voluntarily withdrew his appeals.
- 2 Whether the application is supported by sufficient proceedings or evidence from the lower court to justify the orders sought.
Ratio Decidendi
The High Court found that it lacked jurisdiction to entertain the application for sentence reconsideration under section 333(2) of the Criminal Procedure Code because the applicant had voluntarily withdrawn his appeals. Furthermore, the application was unsupported by any proceedings or evidence from the lower court to indicate whether the accused was on bond during the trial or otherwise entitled to the relief sought. As a result, the application was found to be devoid of substance and was dismissed.
Court Disposition
application dismissed
Orders
- The application is declined and dismissed.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E022 OF 2022
CORAM: HON. R.E. ABURILI, J
ERICK OMOLLO RABILO................................................................................APPLICANT
VERSUS
REPUBLIC.......................................................................................................RESPONDENT
(Being an Application arising from conviction and sentence of the High Court
at Siayain Criminal Appeal Nos. 70/2019 & 71/2019 and originally from
Principal Magistrate’s courtat Bondo in Criminal Case No. 1124 of 2018)
RULING
1. The Applicant herein filed HCRA No. 70/2019 and 71/2019 which he voluntarily had the two appeals withdrawn from the court on 18/11/2019. That being the case, this court has no jurisdiction to entertain further application for consideration of sentence under section 333(2) of the Criminal Procedure Code, after the lower court files were resubmitted.
2. This application is found to be devoid of any substance as it is not supported by any proceedings of the lower court to indicate whether the accused was on bond or not during the trial and whether he deserves the orders sought.
3. The application is found to be unsupported.
4. It is hereby declined and dismissed.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 7TH DAY OF MARCH, 2022
R.E. ABURILI
JUDGE