[2024] KEHC 7039 (KLR)
The court found that the applicant had filed two duplicate applications for revision of sentence, namely Revision E003 of 2024 and Revision 119 of 2024. This duplication was deemed an abuse of the court process. As a result, the court exercised its discretion to strike out the present application, emphasizing the...
Source-derived case information.
- Citation
- [2024] KEHC 7039 (KLR)
- Parties
- Applicant: David Ndiko Makau; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 119 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application struck out as abuse of process
- Judges
- DR Kavedza
- Legal Topics
- Robbery With Violence, Sentencing Revision, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Ndiko Makau
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a revision of sentence for the offence of robbery with violence.
- 2 Whether the filing of duplicate applications for sentence revision constitutes an abuse of court process.
Ratio Decidendi
The court found that the applicant had filed two duplicate applications for revision of sentence, namely Revision E003 of 2024 and Revision 119 of 2024. This duplication was deemed an abuse of the court process. As a result, the court exercised its discretion to strike out the present application, emphasizing the need to prevent misuse of judicial resources and to uphold the integrity of court proceedings.
Court Disposition
application struck out as abuse of process
Orders
- The application is struck out for being an abuse of the court process.
Full Case Text
Judgment text and source record
18 paragraphs
Makau v Republic (Criminal Revision 119 of 2024) [2024] KEHC 7039 (KLR) (10 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7039 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 119 of 2024
DR Kavedza, J
June 10, 2024
Between
David Ndiko Makau
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 death. He filed the present application seeking revision of sentence.
2. From the record, I note that there applicant has filed two duplicate applications for revision of sentence (Revision E003 of 2024 and Revision 119 of 2024. )
3. Consequently, this application is struck out for being an abuse of the court process.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 10TH DAY OF JUNE 2024. D. KAVEDZAJUDGE