[2024] KEHC 6393 (KLR)
The High Court lacks jurisdiction to entertain a revision application where it has already determined an appeal on the same conviction and sentence. The proper forum for any further challenge is the Court of Appeal. The applicant's grounds of remorse, rehabilitation, and family hardship do not confer jurisdiction on...
Source-derived case information.
- Citation
- [2024] KEHC 6393 (KLR)
- Parties
- Applicant: Emmanuel Mutinda Kisila; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 10 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Robbery With Violence, Sentencing Revision, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emmanuel Mutinda Kisila
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to revise a sentence that has already been appealed and determined by the same court.
- 2 Whether the applicant is entitled to a further reduction or alteration of sentence on grounds of remorse, rehabilitation, and family hardship.
Ratio Decidendi
The High Court lacks jurisdiction to entertain a revision application where it has already determined an appeal on the same conviction and sentence. The proper forum for any further challenge is the Court of Appeal. The applicant's grounds of remorse, rehabilitation, and family hardship do not confer jurisdiction on the High Court to revise a sentence already considered on appeal. Accordingly, the application for revision is dismissed.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
- The applicant is directed not to file any other application without leave of court.
Full Case Text
Judgment text and source record
19 paragraphs
Kisila v Republic (Criminal Revision 10 of 2024) [2024] KEHC 6393 (KLR) (4 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6393 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 10 of 2024
DR Kavedza, J
June 4, 2024
Between
Emmanuel Mutinda Kisila
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and convicted for the offence of robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced to serve death. On appeal, this court substituted the sentence to forty years imprisonment on 14th September 2020. The sentence was to run from the date of arrest being 15th September 2004.
2. He has filed the present application seeking revision of sentence. The grounds raised are that he is the sole breadwinner in his family. Since his incarceration, his family has suffered psychological trauma. He is remorseful for the offence committed. He has undergone rehabilitation. He urged the court to revise the sentence of the trial court to a non-custodial sentence.
3. From the record, the applicant filed an appeal against his conviction and sentence which was heard and determined by this court. In the circumstances, the right forum for the applicant is the Court of Appeal. As such, the application is dismissed. The applicant is directed not to file any other application without leave of court.
Order accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 4TH DAY OF JUNE 2024______________D. KAVEDZAJUDGE