[2020] KEHC 3823 (KLR)
The court found that the applicant had previously filed a similar application for revision of sentence, which was considered on its merits and dismissed. There has been no change in circumstances or new material presented to warrant a different outcome. The court held that the current application is a repeat of the...
Source-derived case information.
- Citation
- [2020] KEHC 3823 (KLR)
- Parties
- Applicant: Francis Onyango Odweyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 68 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Abuse of Process, Repeat Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Francis Onyango Odweyo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a revision of sentence after a similar application was previously dismissed on merit.
- 2 Whether the current application constitutes an abuse of the court process.
Ratio Decidendi
The court found that the applicant had previously filed a similar application for revision of sentence, which was considered on its merits and dismissed. There has been no change in circumstances or new material presented to warrant a different outcome. The court held that the current application is a repeat of the earlier one, amounting to an abuse of the court process. Accordingly, the application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
- File closed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 68 OF 2020
FRANCIS ONYANGO ODWEYO...................................................APPLICANT
VERSUS
REPUBLIC......................................................................................RESPONDENT
(Being an Application for Revision of sentence in Criminal Case No. 73 of 2018 in the Senior Resident Magistrate’s Court at Ukwala dated 21. 5.2018 before Hon. G. Adhiambo, SRM and a Ruling in Criminal Revision No. 145/2018 at Siaya High Court dated 19/9/2018 before Hon. Lady Justice R.E. Aburili - Judge)
RULING
1. I have considered the sentence Revision application filed by the convict Francis Onyango Odweyo. I observe that the applicant had in 2018 vide HCCR Application No. 145 of 2018 filed a similar application and after the court called for the trial court record, which was submitted and Sentence Review Report filed by the Probation Officer dated 18/9/2018, which report was not in favour of the lenient sentence Review and considered the same on merit, this court did, vide Ruling dated 19/9/2018 dismiss the application for Revision of Sentence of 5 years imprisonment for the offence of grievous harm occasioned to his uncle.
2. That being the case, it would appear that the convict has changed tact and now believes that the memory of this court has faded hence he files a similar application nearly two years later, seeking same orders.
3. Nothing has changed, I reiterate my Ruling of 19/9/2018 in Criminal Revision No. 145/2018 and find this application mischievous, frivolous, and vexatious and an abuse of the court process. The same is hereby dismissed. File closed.
Orders accordingly.
Dated, signed and Delivered at Siaya this 30th Day of July 2020
R.E. ABURILI
JUDGE