[2024] KEHC 15104 (KLR)
The court found that the applicant's assertion of a pending appeal was false, as his appeal had already been consolidated, heard, and determined. Consequently, the High Court lacks jurisdiction to revise its own sentence after an appeal has been concluded on merit. The application for sentence revision was therefore...
Source-derived case information.
- Citation
- [2024] KEHC 15104 (KLR)
- Parties
- Applicant: John Etyang; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E014 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Sentence Revision, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Etyang
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to revise its own sentence after an appeal has been determined.
- 2 Whether the applicant's claim of a pending appeal justifies sentence revision.
Ratio Decidendi
The court found that the applicant's assertion of a pending appeal was false, as his appeal had already been consolidated, heard, and determined. Consequently, the High Court lacks jurisdiction to revise its own sentence after an appeal has been concluded on merit. The application for sentence revision was therefore dismissed for want of merit.
Court Disposition
application dismissed
Orders
- The application dated 11/7/2023 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Etyang v Republic (Criminal Revision E014 of 2023) [2024] KEHC 15104 (KLR) (25 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15104 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E014 of 2023
RE Aburili, J
November 25, 2024
Between
John Etyang
Applicant
and
Republic
Respondent
Ruling
1. The Applicant John Etyang is a convict in Bondo PM Cr. Case No. 729 of 2018. He was sentenced to serve 50 years imprisonment for the offence of robbery with violence contrary to Section 296 (2) of the Penal Code.
2. He appealed vide HCRA 11/2018 which appeal was dismissed. He says that he has no pending appeal because he has not received an acknowledgment of his appeal to the Court of Appeal hence his present application for sentence revision.
3. The convict is lying to this Court because his appeal was consolidated with Siaya HCCRA 9/2018, heard and determined on merit.
4. I have considered the application and the supporting affidavit and I find no jurisdiction in this court to sit on appeal of its own judgment by way of revision of sentence.
5. The application dated 11/7/2023 is found to be devoid of any merit and the same is dismissed.
6. Signal to issue. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 25TH DAY OF NOVEMBER, 2024R.E. ABURILIJUDGE