[2021] KEHC 5269 (KLR)
The High Court declined to entertain the applicant's third application for sentence revision, holding that it had already pronounced itself on the same question in previous applications. The court found that it lacked jurisdiction to revisit its own earlier decisions on the same issue, as it would amount to sitting...
Source-derived case information.
- Citation
- [2021] KEHC 5269 (KLR)
- Parties
- Applicant: Francis Onyango Odweyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E049 of 2021
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Grievous Harm, Sentence Revision, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Onyango Odweyo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain a third application for sentence revision on the same matter.
- 2 Whether the applicant is entitled to a further revision of sentence after previous applications were dismissed.
Ratio Decidendi
The High Court declined to entertain the applicant's third application for sentence revision, holding that it had already pronounced itself on the same question in previous applications. The court found that it lacked jurisdiction to revisit its own earlier decisions on the same issue, as it would amount to sitting on its own appeal, which is not permitted under the law. The principle of functus officio applies, preventing the court from reopening matters it has conclusively determined unless exceptional circumstances are demonstrated, which was not the case here.
Court Disposition
application dismissed
Orders
- The application for sentence revision 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
CRIMINAL REVISION E049 OF 2021
FRANCIS ONYANGO ODWEYO.............APPLICANT
VERSUS
REPUBLIC...............................................RESPONDENT
(Application for revision of sentence from the judgment, conviction and
sentence in UKWALA P.M’S COURT NO.73 of 2018 on 21. 5.2018 by Hon.
G. Adhiambo – Senior Resident Magistrate and Ruling in Criminal Revision No.
145 of 2018 at Siaya High Court dated 19. 9.2018 before Hon. Lady Justice R.E. Aburili - Judge)
RULING
1. The applicant Francis Onyango Odweyo was convicted of the offence of grievous harm sentenced to serve 5 years imprisonment on 21. 5.2018.
2. He never appealed. He then filed for sentence Revision vide Siaya High Court Criminal Revision No. 68 of 2020 which application was dismissed on 30. 7.2020. Earlier on, he had filed a similar application vide HCR Revision 145 of 2018 which was dismissed on 19. 9.2018.
3. Again he is before this court seeking for sentence Revision, for the third time. This court having pronounced itself on the same question of sentence Revision has no more jurisdiction to sit on its own appeal.
4. Accordingly, the application for sentence Revision is declined and dismissed.
5. File Closed.
6. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 28TH DAY OF JUNE, 2021
R.E. ABURILI
JUDGE