[2019] KEHC 3868 (KLR)
The court held that once an appeal has been filed and determined, a party cannot subsequently seek revision in respect of the same conviction or sentence. Entertaining such an application would contravene the statutory bar against simultaneous or successive invocation of appellate and revisional jurisdictions. The...
Source-derived case information.
- Citation
- [2019] KEHC 3868 (KLR)
- Parties
- Applicant: Kennedy Odhiambo Omoro; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 3 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed as abuse of court process
- Judges
- RE Aburili
- Legal Topics
- Criminal Revision, Abuse of Process, Appeal Vs Revision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Odhiambo Omoro
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the court can entertain a revision application after an appeal has been filed and determined.
- 2 Whether the present application for revision constitutes an abuse of court process.
Ratio Decidendi
The court held that once an appeal has been filed and determined, a party cannot subsequently seek revision in respect of the same conviction or sentence. Entertaining such an application would contravene the statutory bar against simultaneous or successive invocation of appellate and revisional jurisdictions. The applicant, having already appealed and sought revision (both of which were rejected), was precluded from filing the present revision application. The court found the application to be an abuse of process and dismissed it accordingly.
Court Disposition
application dismissed as abuse of court process
Orders
- The application for revision is dismissed.
- The file is hereby closed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL DIVISION
CRIMINAL REVISION NO. 3 OF 2019
KENNEDY ODHIAMBO OMORO................................APPLICANT
VERSUS
REPUBLIC......................................................................RESPONDENT
(Being an Application for review of sentencein Siaya
PMCRCin 581 of 2017 dated 12. 12. 2018)
RULING
1. I have considered the application for revision of sentence filed on 11. 2.2019.
2. I note that the convict appealed vide HCRA 89/2018 and filed Revision No. 2 of 2018 which were all rejected.
3. The law does not permit both appeal and Revision to be considered simultaneously.
4. Accordingly, this application is an abuse of Court process.
5. The same is hereby dismissed.
6. The file is hereby closed.
DATED AT SIAYA THIS 26TH DAY OF SEPTEMBER, 2019
HON. LADY JUSTICE R.E. ABURILI
JUDGE