[2021] KEHC 5579 (KLR)
The High Court held that it lacks jurisdiction to entertain a further application for sentence revision where it has already determined the matter through prior appeals and revisions. The doctrine of functus officio precludes the court from revisiting its own final decisions. As the applicant had exhausted all...
Source-derived case information.
- Citation
- [2021] KEHC 5579 (KLR)
- Parties
- Applicant: Kennedy Odhiambo Omoro; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E059 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Jurisdiction of High Court, Criminal Appeals, Finality of Judgments
- 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 Sentence Revision
Legal Issues
- 1 Whether the High Court has jurisdiction to revise a sentence after previous appeals and revisions have been dismissed.
- 2 Whether the applicant is entitled to a further revision of sentence after exhaustion of appellate and revisionary remedies.
Ratio Decidendi
The High Court held that it lacks jurisdiction to entertain a further application for sentence revision where it has already determined the matter through prior appeals and revisions. The doctrine of functus officio precludes the court from revisiting its own final decisions. As the applicant had exhausted all available appellate and revisionary remedies, the application for sentence revision was declined and dismissed.
Court Disposition
application dismissed
Orders
- The application for sentence revision is declined and dismissed.
- File closed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. E059 OF 2021
CORAM: R.E. ABURILI, J
KENNEDY ODHIAMBO OMORO.............................APPLICANT
VERSUS
REPUBLIC................................................................RESPONDENT
(Being an Application for Revision of sentence in Siaya PM Court’s Criminal Case No. 581 of 2017 on 12/12/2018 AND Siaya HC Cr. Appeal No. 89 of 2018 on 16/1/2018, HC Cr. Revision 2 of 2018 and HC Cr. Revision 3 of 2019 on 26/9/2019)
RULING
1. The convict Kennedy Odhiambo Omoro was convicted of the offence of breaking into a building and committing a felony contrary Section 306 of the Penal Code in Siaya PM Criminal Case No. 581 of 2017. He filed an appeal vide Siaya HCRA 89 of 2018 which was rejected and declined on 16/1/2018. He filed Criminal Revision No. 2 of 2018 which was similarly rejected. He filed another Criminal Revision No. 3 of 2019 which was dismissed on 26/9/2019 by this court. Again he is here with another request for sentence revision.
2. This court has no jurisdiction to revisit or sit and resit on its own appeal. The application for sentence revision is therefore declined and dismissed.
3. File closed.
4. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 28TH DAY OF JUNE, 2021
R.E. ABURILI
JUDGE