[2019] KEHC 6902 (KLR)
The court held that once an applicant has exercised the right of appeal and the appeal has been determined, Section 364(5) of the Criminal Procedure Code expressly prohibits the High Court from entertaining a subsequent application for revision of the sentence or conviction. Since the applicant had already appealed...
Source-derived case information.
- Citation
- [2019] KEHC 6902 (KLR)
- Parties
- Applicant: Ibrahim Onyango Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 172 of 2018
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Arson, Criminal Sentencing, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ibrahim Onyango Omondi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain a revision application where the applicant has already exercised the right of appeal and the appeal has been dismissed.
- 2 Whether Section 364(5) of the Criminal Procedure Code bars revision in circumstances where an appeal was available and utilized.
Ratio Decidendi
The court held that once an applicant has exercised the right of appeal and the appeal has been determined, Section 364(5) of the Criminal Procedure Code expressly prohibits the High Court from entertaining a subsequent application for revision of the sentence or conviction. Since the applicant had already appealed his conviction and sentence, and the appeal was dismissed, he was barred from seeking revision. The court therefore lacked jurisdiction to entertain the application for revision, and the application was dismissed accordingly.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
- The file is marked as closed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 172 OF 2018
(CORAM: R. E. ABURILI - J.)
IBRAHIM ONYANGO OMONDI.........................................APPLICANT
VERSUS
REPUBLIC............................................................................RESPONDENT
RULING
1. The Applicant was convicted for the offence of arson and he was sentenced to serve 7 years imprisonment. He appealed before this court vide HCRA 30/2017 which appeal was dismissed.
2. He was returned with an application for revision Section 364 (5) of the Criminal Procedure Code does not permit this court to hear revision applications where the applicant/convict could have appealed.
3. The Applicant/Convict having appealed and his appeal having been unsuccessful, he is barred from returning to this court to seek for revision of sentence.
4. Accordingly, the application for revision is hereby dismissed and this file is hereby marked as closed. The convict is to complete sentence.
5. Orders accordingly.
Dated, Signed and Delivered in open court at Siaya this 4th Day of June 2019.
R.E. ABURILI
JUDGE
In the Presence of:
Mr. Okachi, SPPC for State
Court Assistants: Brenda and Modestar
Applicant (present in person)