[2024] KEHC 1858 (KLR)
The court found that the issue of the sentence's propriety and commencement date had already been considered and determined in its earlier judgment. No new facts or legal errors were presented to justify revisiting or varying the sentence. The present application was therefore deemed an abuse of the court process...
Source-derived case information.
- Citation
- [2024] KEHC 1858 (KLR)
- Parties
- Applicant: Elvis Lisimba; Applicant: Eugine Baraza; Respondent: ODPP
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E007 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application to Vary Sentence Commencement Date
- Outcome
- application dismissed
- Judges
- PJO Otieno
- Legal Topics
- Sentence Variation, Commencement of Sentence, Abuse of Court Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elvis Lisimba
Applicant
Eugine Baraza
Applicant
ODPP
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application to Vary Sentence Commencement Date
Legal Issues
- 1 Whether the sentence should be varied to run from the date of arrest.
- 2 Whether the application constitutes an abuse of the court process.
Ratio Decidendi
The court found that the issue of the sentence's propriety and commencement date had already been considered and determined in its earlier judgment. No new facts or legal errors were presented to justify revisiting or varying the sentence. The present application was therefore deemed an abuse of the court process and was dismissed accordingly.
Court Disposition
application dismissed
Orders
- The application dated January 10, 2024 is dismissed.
- Let the court file be closed.
Full Case Text
Judgment text and source record
20 paragraphs
Lisimba & another v ODPP (Miscellaneous Criminal Application E007 of 2024) [2024] KEHC 1858 (KLR) (22 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1858 (KLR)
Republic of Kenya
In the High Court at Kakamega
Miscellaneous Criminal Application E007 of 2024
PJO Otieno, J
February 22, 2024
Between
Elvis Lisimba
1st Applicant
Eugine Baraza
2nd Applicant
and
Odpp
Respondent
Ruling
1. The Court has perused the application seeking variation of the sentence to run from the date of arrest.
2. The application comes fast on the heels of the court ruling dated February 10, 2024 in which the Court determined that the question of propriety or appropriateness of the sentence was considered and detailed in the Judgment of this Court dated May 18, 2022.
3. Nothing has changed and the application dated January 10, 2024 is nothing but an abuse of the Court process. The same is dismissed. Let the court file be closed.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 22ND DAY OF FEBRUARY, 2024PATRICK J. O. OTIENOJUDGE