[2024] KEHC 13830 (KLR)
The court held that the applicant, having been convicted of serious offences and sentenced accordingly, had a right of appeal against both conviction and sentence. Since an appeal lies from the convictions and sentences, the remedy of revision is not available to the applicant. The court therefore dismissed the...
Source-derived case information.
- Citation
- [2024] KEHC 13830 (KLR)
- Parties
- Applicant: Christagel Kageliza; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Revision Case E094 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- AN Ongeri
- Legal Topics
- Revision Jurisdiction, Sentencing, Right of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christagel Kageliza
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the High Court can entertain a revision application where an appeal lies from the conviction and sentence.
- 2 Whether the applicant is entitled to revision of sentence in the circumstances.
Ratio Decidendi
The court held that the applicant, having been convicted of serious offences and sentenced accordingly, had a right of appeal against both conviction and sentence. Since an appeal lies from the convictions and sentences, the remedy of revision is not available to the applicant. The court therefore dismissed the application for revision, emphasizing that revisionary jurisdiction cannot be invoked where the law provides for an appeal. The applicant was advised that she is at liberty to seek leave to appeal out of time if she so wishes.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
- The applicant is at liberty to seek leave to appeal out of time.
Full Case Text
Judgment text and source record
22 paragraphs
Kageliza v Republic (Revision Case E094 of 2024) [2024] KEHC 13830 (KLR) (6 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13830 (KLR)
Republic of Kenya
In the High Court at Voi
Revision Case E094 of 2024
AN Ongeri, J
November 6, 2024
Between
Christagel Kageliza
Applicant
and
Republic
Respondent
Ruling
1. The Applicant CHRISTAGEL KAGELIZA was sentenced to an aggregate of seven years imprisonment for the offences of Burglary contrary to Section 304 (2) of the Penal code, Stealing from a dwelling house contrary to Section 279 (b) of the Penal Code, handling suspected stolen goods contrary to Section 322(1) and (2) of the Penal Code and having suspected stolen property contrary to Section 323 of the Penal Code.
2. The sentences were meted on 22nd August 2023.
3. The Applicant did not prefer an appeal but she has filed the current application for revision of the sentences.
4. The remedy of revision is not available where an appeal lies from a finding, sentence or order of the court.
5. I find that the Applicant was convicted with serious offences and an appeal lies from the said convictions.
6. I find that the current case is not suitable for revision and I dismiss the revision application.
7. The Applicant is at liberty to seek leave to appeal out of time.
DATED, SIGNED AND DELIVERED THIS 6TH DAY OF NOVEMBER 2024 IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Maina – Court AssistantProsecutor: Mr. SirimaThe Applicant present at Wundanyi Prison virtually