[2020] KEHC 1540 (KLR)
The court found that the applicant had previously filed a similar application for revision of sentence, which was dismissed. Bringing the same application again amounts to an abuse of the court process. The court, therefore, dismissed the application and ordered that a copy of the ruling be placed in the main trial...
Source-derived case information.
- Citation
- [2020] KEHC 1540 (KLR)
- Parties
- Applicant: Felix Ochieng Onyango; Respondent: State
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 12 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed as abuse of process
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Felix Ochieng Onyango
Applicant
State
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a second revision of sentence after a similar application was previously dismissed.
- 2 Whether the current application constitutes an abuse of court process.
Ratio Decidendi
The court found that the applicant had previously filed a similar application for revision of sentence, which was dismissed. Bringing the same application again amounts to an abuse of the court process. The court, therefore, dismissed the application and ordered that a copy of the ruling be placed in the main trial file, closing the file accordingly.
Court Disposition
application dismissed as abuse of process
Orders
- The application for revision of sentence is dismissed as an abuse of court process.
- A copy of this ruling to be placed in the main trial file.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION CASE NO. E.O. 12 OF 2020
FELIX OCHIENG ONYANGO...................................................APPLICANT
VERSUS
STATE.........................................................................................RESPONDENT
(Being an application for revision of sentence in Bondo PM Criminal Case No. 1066 of 2018 dated 21. 2.2019 before Hon. E.N. Wasike - SRM )
RULING
1. Vide High Court Revision 41 of 2019 this court on 29. 7.2019 did consider a similar application by the applicant herein for revision of sentence and dismissed the same.
2. The convict is back to court with the same application. This application is found to be an abuse of court process. It is hereby dismissed. Copy hereof to be placed in the main trial file.
3. File closed.
4. Orders accordingly.
Dated, Signed and Delivered at Siaya This 16th day of November, 2020.
R.E. ABURILI
JUDGE