[2020] KEHC 1486 (KLR)
The court found that the applicant's request for a fresh review of his sentence, after his appeal had already been dismissed, was without merit and amounted to an abuse of the court process. The court emphasized that once an appeal has been determined, the same issues cannot be re-litigated through an application...
Source-derived case information.
- Citation
- [2020] KEHC 1486 (KLR)
- Parties
- Applicant: Kevin Agik Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E006 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Attempted Rape, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kevin Agik Odhiambo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant is entitled to a revision of his 10-year imprisonment sentence for attempted rape.
- 2 Whether the application for sentence review constitutes an abuse of the court process.
Ratio Decidendi
The court found that the applicant's request for a fresh review of his sentence, after his appeal had already been dismissed, was without merit and amounted to an abuse of the court process. The court emphasized that once an appeal has been determined, the same issues cannot be re-litigated through an application for revision. Accordingly, the application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E006 OF 2020
CORAM: HON. R.E. ABURILI J
KEVIN AGIK ODHIAMBO............................................................................................APPLICANT
VERSUS
REPUBLIC....................................................................................................................RESPONDENT
RULING
1. I have considered the Application by Kelvin Agik Odhiambo for revision of 10 years imprisonment for attempted rape.
2. The Applicant appealed vide HCRA 15 of 2013 which appeal was dismissed.
3. He now applies for fresh sentence review.
4. The Application is devoid of merit. It is an abuse of the court process. The same is hereby dismissed.
5. File closed.
6. Orders accordingly.
Dated, signed and Delivered at Siaya, this 16th Day of November, 2020
R.E. ABURILI
JUDGE