[2024] KEHC 15389 (KLR)
The court held that since the applicant had already appealed to the High Court and the appeal was dismissed, any issue regarding the trial court's failure to consider the remand period should have been raised in that appeal. The applicant cannot seek revision on the same issue in the same court after the appeal has...
Source-derived case information.
- Citation
- [2024] KEHC 15389 (KLR)
- Parties
- Applicant: Benson Longelech; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E010 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RPV Wendoh
- Legal Topics
- Sentence Revision, Remand Period Credit, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Longelech
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the High Court can revise a sentence to include the remand period under section 333(2) of the Criminal Procedure Code after an appeal has been dismissed.
- 2 Whether the application for revision is an abuse of court process.
Ratio Decidendi
The court held that since the applicant had already appealed to the High Court and the appeal was dismissed, any issue regarding the trial court's failure to consider the remand period should have been raised in that appeal. The applicant cannot seek revision on the same issue in the same court after the appeal has been determined. The proper forum for further redress is the Court of Appeal. Entertaining the application would amount to an abuse of the court process. Accordingly, the application for revision was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
Longelech v Republic (Miscellaneous Criminal Application E010 of 2024) [2024] KEHC 15389 (KLR) (13 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15389 (KLR)
Republic of Kenya
In the High Court at Kapenguria
Miscellaneous Criminal Application E010 of 2024
RPV Wendoh, J
November 13, 2024
Between
Benson Longelech
Applicant
and
Republic
Respondent
Ruling
1. The applicant herein, Benson Longelech has filed an undated application seeking revision of his sentence to include the period he spent in remand before sentence pursuant to section 333(2) of the CPC.
2. Mr. Majale, Prosecution Counsel opposed the application for reason that the case was heard by a Court of concurrent jurisdiction and if aggrieved, the applicant should proceed to Court of Appeal for redress.
3. I concur with defence Counsel submissions. The applicant appealed to this court in CR.A E020/2021 and on 13/9/2023, Justice Mrima rendered his judgment dismissing the appeal. If the appellant was aggrieved by the failure by the trial court to consider the period he spent in remand, he should have addressed that issue in the appeal. He cannot come back to this court on review. If still aggrieved, the applicant should approach the Court of Appeal for redress. The application is an abuse of the court process and is hereby dismissed.File closed.
DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 13TH DAY OF NOVEMBER, 2024R. WENDOH.JUDGERuling delivered in the presence ofMr. Majale for State – presentApplicant – presentCourt Assistants – Juma /Hellen