[2024] KEHC 4977 (KLR)
The court held that the applicant, having been convicted on his own plea of guilty and sentenced by a subordinate court, had a right of appeal as to the legality or extent of the sentence under section 348 of the Criminal Procedure Code. However, instead of appealing, the applicant sought revision. Section 364(5) of...
Source-derived case information.
- Citation
- [2024] KEHC 4977 (KLR)
- Parties
- Applicant: Denis Kiplangat Koech; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E020 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Application for revision struck out as incompetent.
- Judges
- JK Sergon
- Legal Topics
- Revision Jurisdiction, Plea of Guilty, Sentence Appeals, Supervisory Powers, Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Denis Kiplangat Koech
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant can invoke the court's revisionary jurisdiction to challenge a sentence imposed upon a plea of guilty instead of filing an appeal.
- 2 Whether the revision application is competent in light of section 364(5) of the Criminal Procedure Code.
Ratio Decidendi
The court held that the applicant, having been convicted on his own plea of guilty and sentenced by a subordinate court, had a right of appeal as to the legality or extent of the sentence under section 348 of the Criminal Procedure Code. However, instead of appealing, the applicant sought revision. Section 364(5) of the Criminal Procedure Code expressly bars a party from seeking revision where an appeal lies and has not been brought. The court emphasized that revision is not a substitute for appeal and is reserved for correcting errors of illegality, impropriety, or irregularity, not for re-examining matters that could be addressed on appeal. Since the applicant personally approached the...
Court Disposition
Application for revision struck out as incompetent.
Orders
- The revision application is struck out for being incompetently before the court.
Full Case Text
Judgment text and source record
24 paragraphs
Koech v Republic (Criminal Revision E020 of 2023) [2024] KEHC 4977 (KLR) (9 May 2024) (Revision)
Neutral citation: [2024] KEHC 4977 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Revision E020 of 2023
JK Sergon, J
May 9, 2024
Between
Denis Kiplangat Koech
Applicant
and
Republic
Respondent
Revision
1. The applicant was charged with the offence of theft of motor vehicle parts contrary to section 279 (G) of the Penal Code. The applicant was convicted on his own plea of guilt and on 5th October, 2022 sentenced to four (4) years imprisonment by Hon. Aziza Ajwang vide Kericho CM’s Criminal Case No. E2090 of 2022 Republic v Denis Kiplangat Koech.
2. The applicant has moved this court beseeching it to exercise its supervisory power of Revision and proceed to set aside the order on sentence and substitute it with a non-custodial sentence.
3. The Applicant stated that he was a first time offender, he was utterly remorseful for the commission of the offence and further that at the time he committed the offence, he was a form two student at Kipsitet Day School.
4. I have considered section 348 of the Criminal Procedure Code which provides that; “No Appeal shall be allowed in the case of an accused person who has pleaded guilty and has been convicted on that plea by a subordinate court except as to the extent or legality of the sentence.” It is clear from the above quoted excerpt that the Applicant has a right of Appeal as against the sentence.
5. The Applicant opted to file this Revision instead of challenging the Order on sentence by way of an Appeal. The Law does not permit a party who is entitled to challenge the order on conviction or sentence on Appeal to personally approach the Court for revision.
6. It would appear from the provision of Sections 362 and 364 of the Criminal or prompted by another person or body other than the convict to exercise its power of revision.
7. Section 364(5) of the Criminal Procedure Code provides that; “When an appeal lies from a finding, sentence or order and no appeal is brought, no proceedings by way of revision shall be entertained at the instant of the party who could have appealed.”
8. In the case Martin Mavuti Kituyi v Republic HCCR. Revision No. 27 of 2013 the court rendered itself as follows; “… the very nature of revision as a discretionary remedy explains the policy underpinnings of Section 364(5) of the Criminal Procedure Code; that revision should not be a substitute for an appeal whatsoever or insisted upon by a party who has not filed an Appeal where one was provided for. Revision primarily serves to put right instances where a finding, sentence, order or proceedings of a lower court are tainted by incorrectness, impropriety, illegality or irregularity…’’
9. Having personally approached this court to prompt this court to exercise its supervisory power of revision, the applicant breached the Provisions of Section 364 (5) of the Criminal Procedure Code. I find the revision to be incompetently before this court. The same cannot be entertained by this court. I hereby issue an order striking out the revision.
DATED, SIGNED AND DELIVERED THIS 9TH DAY OF MAY, 2024. …………….J.K. SERGONJUDGE