[2020] KEHC 372 (KLR)

[2020] KEHC 372 (KLR)

The High Court held that it lacks jurisdiction to entertain a revision application in a matter where it has already determined an appeal and ordered a retrial. Entertaining a further revision would amount to sitting on appeal over its own decision, which is not permissible under the Criminal Procedure Code. The...

Source-derived case information.

Citation
[2020] KEHC 372 (KLR)
Parties
Applicant: Kennedy Odhiambo Omeda; Respondent: Republic
Court
High Court
Court Station
High Court at Migori
Jurisdiction
Kenya
Case Number
Criminal Revision 150 of 2020
Procedural Posture
Criminal Revision / Application for Revision
Outcome
Application for revision dismissed; file ordered closed.
Judges
RPV Wendoh
Legal Topics
Criminal Revision, Retrial Orders, Jurisdiction of High Court
Source Language
en
Criminal Law Criminal Revision Retrial Orders Jurisdiction of High Court

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Summary, issues, holding and outcome

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Parties

Kennedy Odhiambo Omeda

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Application for Revision

Legal Issues

  1. 1 Whether the High Court can entertain a revision application in a matter where it has already ordered a retrial.
  2. 2 Whether the applicant is entitled to further revision after a retrial order has been made.

Ratio Decidendi

The High Court held that it lacks jurisdiction to entertain a revision application in a matter where it has already determined an appeal and ordered a retrial. Entertaining a further revision would amount to sitting on appeal over its own decision, which is not permissible under the Criminal Procedure Code. The court emphasized the finality of its previous order and directed that the file be closed, thereby declining to grant any further relief to the applicant.

Court Disposition

Application for revision dismissed; file ordered closed.

Orders

  • The application for revision is dismissed.
  • The file is ordered closed.