[2021] KEHC 5568 (KLR)
The court held that it cannot entertain a second application for sentence revision on the same matter after having already dismissed a previous application. Entertaining such an application would amount to the court sitting on its own appeal, which is not permitted under the law. The court found the application to...
Source-derived case information.
- Citation
- [2021] KEHC 5568 (KLR)
- Parties
- Applicant: Joshua Moses Namute; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E057 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- Application dismissed as an abuse of court process.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Abuse of Process, Grevious Harm, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joshua Moses Namute
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the court can entertain a second application for sentence revision after a previous application was dismissed.
- 2 Whether the current application constitutes an abuse of court process.
Ratio Decidendi
The court held that it cannot entertain a second application for sentence revision on the same matter after having already dismissed a previous application. Entertaining such an application would amount to the court sitting on its own appeal, which is not permitted under the law. The court found the application to be an abuse of court process and accordingly dismissed it.
Court Disposition
Application dismissed as an abuse of court process.
Orders
- The application for sentence revision is declined and dismissed.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. E057 OF 2021
CORAM: R.E. ABURILI, J
JOSHUA MOSES NAMUTE...............................APPLICANT
VERSUS
REPUBLIC........................................................RESPONDENT
(Being an Application for Revision of sentence in Ukwala SRM Court’s Criminal Case No. 110 of 2017 on 19/07/2017 by Hon. G. Adhiambo, Senior Resident Magistrate AND Siaya HC Cr. Revision No. 6 of 2020 on 28. 2.2020)
RULING
1. The convict Joshua Moses Namute was convicted of the offence of grevious harm and sentenced to serve ten years imprisonment on 19/7/2017.
2. He did not appeal and vide HCR Revision No. 6 of 2020, he sought for sentence revision before this court, which application was dismissed on 28/2/2020.
3. He has filed another application for sentence revision.
4. I find the application an abuse of court process as this court cannot sit on its own appeal. The application is declined and is hereby dismissed.
5. File closed.
6. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 28TH DAY OF JUNE, 2021
R.E. ABURILI
JUDGE