[2023] KEHC 18160 (KLR)
The court held that section 349 of the Criminal Procedure Code does not provide for the review of sentences but only sets out the limitation period for filing appeals. Therefore, the orders sought by the applicant for sentence review could not be granted under this section. The applicant's remedy, if any, would be...
Source-derived case information.
- Citation
- [2023] KEHC 18160 (KLR)
- Parties
- Applicant: David Kibet; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E049 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Review
- Outcome
- application dismissed
- Judges
- REA Ougo
- Legal Topics
- Sentence Review, Appeal Out of Time, Criminal Procedure Code Section 349
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Kibet
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the court can review a sentence under section 349 of the Criminal Procedure Code.
- 2 Whether the applicant is entitled to the orders sought for sentence review.
Ratio Decidendi
The court held that section 349 of the Criminal Procedure Code does not provide for the review of sentences but only sets out the limitation period for filing appeals. Therefore, the orders sought by the applicant for sentence review could not be granted under this section. The applicant's remedy, if any, would be to seek leave to appeal out of time, not to seek review under section 349.
Court Disposition
application dismissed
Orders
- The application for review of sentence under section 349 of the Criminal Procedure Code is declined.
Full Case Text
Judgment text and source record
17 paragraphs
Kibet v Republic (Miscellaneous Criminal Application E049 of 2022) [2023] KEHC 18160 (KLR) (25 January 2023) (Ruling)
Neutral citation: [2023] KEHC 18160 (KLR)
Republic of Kenya
In the High Court at Bungoma
Miscellaneous Criminal Application E049 of 2022
REA Ougo, J
January 25, 2023
Between
David Kibet
Applicant
and
Republic
Respondent
Ruling
1. Before me is an application brought under section 349 of theCPC. The applicant is currently serving a two-year jail term. In this application the he states that he pleaded guilty and was sentenced to serve 2 years imprisonment. He seeks that the sentence be reviewed.
2. Section 349 of the CPC doesn’t deal with revisions. It provides for limitation of time for appeal. The orders sought cannot be granted under the said section. The applicant can move the court to appeal out of time. I therefore decline to grant the orders sought.
RULING READ OUT IN OPEN COURT VIA MICROSOFT TEAM ON THE 25. 1.2023R.E OUGOJUDGEIn the presence of:Ms Omondi: State CounselWilkister – Court AssistantDavid Kibet: Accused