[2019] KEHC 3871 (KLR)

[2019] KEHC 3871 (KLR)

The court held that it has no jurisdiction to entertain an application for revision of sentence where the applicant has already exercised his right of appeal and the appeals have been dismissed. The statutory framework under the Criminal Procedure Code expressly bars the High Court from revising sentences in such...

Source-derived case information.

Citation
[2019] KEHC 3871 (KLR)
Parties
Applicant: Isaac Ojwang Okoyo; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Criminal Revision 31 of 2019
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Outcome
application struck out
Judges
RE Aburili
Legal Topics
Defilement Offence, Sentence Revision, Jurisdiction of High Court
Source Language
en
Criminal Law Defilement Offence Sentence Revision Jurisdiction of High Court

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Summary, issues, holding and outcome

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Parties

Isaac Ojwang Okoyo

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Application for Revision of Sentence

Legal Issues

  1. 1 Whether the High Court has jurisdiction to revise a sentence after appeals have been dismissed.
  2. 2 Whether the application for revision of sentence is properly before the court.

Ratio Decidendi

The court held that it has no jurisdiction to entertain an application for revision of sentence where the applicant has already exercised his right of appeal and the appeals have been dismissed. The statutory framework under the Criminal Procedure Code expressly bars the High Court from revising sentences in such circumstances. Since the applicant had already appealed to both the High Court and the Court of Appeal, the application for revision was not properly before the court and was accordingly struck out.

Court Disposition

application struck out

Orders

  • The application for revision of sentence is hereby struck out.
  • The file is hereby closed.