[2021] KEHC 5482 (KLR)
The court held that it lacks jurisdiction to entertain a second application for revision of sentence after the applicant's appeal and previous revision had already been dismissed. Entertaining such an application would amount to an abuse of court process and a mockery of justice. The matter does not fall within the...
Source-derived case information.
- Citation
- [2021] KEHC 5482 (KLR)
- Parties
- Applicant: Ibrahim Onyango Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E031 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Arson, Assault, Sentence Revision, Abuse of Process
- 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 on Application for Revision of Sentence
Legal Issues
- 1 Whether the court has jurisdiction to entertain a second application for revision of sentence after an appeal and previous revision have been dismissed.
- 2 Whether the applicant's request for sentence revision is an abuse of court process.
Ratio Decidendi
The court held that it lacks jurisdiction to entertain a second application for revision of sentence after the applicant's appeal and previous revision had already been dismissed. Entertaining such an application would amount to an abuse of court process and a mockery of justice. The matter does not fall within the scope of the Community Service Orders Act, and the court cannot grant the orders sought. Accordingly, the application for sentence revision was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The request for sentence revision is declined and dismissed.
- File closed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. E031 OF 2021
CORAM: R.E. ABURILI, J
IBRAHIM ONYANGO OMONDI.........................................................................APPLICANT
VERSUS
REPUBLIC............................................................................................................RESPONDENT
(Being an Application for Revision of sentence against sentence in Ukwala SRM Court’s
Criminal Case No. 565 of 2016 on 26/1/2017by Hon. G. Adhiambo,Senior Resident Magistrate
AND SiayaHC Criminal Appeal No. 30 of 2017 &HC Criminal Revision No. 172 of 2018)
RULING
1. Ibrahim Onyango Omondi was convicted of the offences of arson and assault. He was sentenced to serve 7 years imprisonment.
2. He appealed to this court vide HCRA 30/2017 which appeal was dismissed. He then filed Revision Case No. 172 of 2018 which was dismissed vide Ruling of this court delivered on 4/6/2019. He now is back seeking for the same revision of sentence orders, to have a second bite at the cherry.
3. I have considered the request in the name of prison decongestion and the Probation officer’s report filed on 15/6/2021.
4. This matter does not fall within Section 3(1) of the Community Service Orders Act.
5. Furthermore, this court cannot and has no power and jurisdiction to entertain both appeals and revisions of sentence in the same matter.
6. I find the request an abuse of court process and mockery of justice.
7. The request for sentence revision is hereby declined and dismissed. File closed.
8. Orders accordingly.
Dated, signed and Delivered at Siaya this 30th Day of June, 2021
R.E. ABURILI
JUDGE