[2008] KEHC 3959 (KLR)
The court held that for a revision application to succeed, the applicant must demonstrate illegality or impropriety in the trial court's proceedings or sentence. The applicant in this case did not allege or prove any such illegality or impropriety, instead relying solely on personal circumstances such as illness and...
Source-derived case information.
- Citation
- [2008] KEHC 3959 (KLR)
- Parties
- Appellant: Mark Kithinji; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 457 of 2007
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- JB Ojwang
- Legal Topics
- Criminal Revision Jurisdiction, Sentencing Excessiveness, Procedural Impropriety
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mark Kithinji
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to revise the sentence imposed by the trial court in the absence of illegality or impropriety in the proceedings.
- 2 Whether the applicant's illness and remorsefulness are sufficient grounds for revision of sentence.
Ratio Decidendi
The court held that for a revision application to succeed, the applicant must demonstrate illegality or impropriety in the trial court's proceedings or sentence. The applicant in this case did not allege or prove any such illegality or impropriety, instead relying solely on personal circumstances such as illness and remorse. The court found that these grounds are insufficient to invoke its revision jurisdiction under the Criminal Procedure Code. Consequently, the application for revision was not properly before the court and could not be allowed. The applicant was advised that the appropriate avenue for challenging the sentence would have been by way of appeal, which he had not pursued.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
(Coram: Ojwang, J.)
CRIMINAL REVISION NO. 457 OF 2007
MARK KITHINJI…….……………………………..……. APPELLANT
-VERSUS-
REPUBLIC……………….……………..……..…….…RESPONDENT
RULING
In this application brought by the applicant in person, he says the sentence of 5 years’ imprisonment which he is now serving is excessive. He pleads his illness, and avers that he is remorseful and deserves waiver of the incidence of penalty to which he is already subject.
The applicant has not said the trial Court had committed any illegality, nor that there is any improper entry in the proceedings.
Such are the matters which a party asking for revision has to show; and only showing such improprieties will give this Court its revision jurisdiction.
Therefore, as a revision matter, this case is not properly before the Court.
The applicant could have proceeded by way of an appeal, but he has not done so.
Consequently, the instant application cannot be allowed.
DATED and DELIVERED at Nairobi this 25h day of February, 2008.
J.B. OJWANG
JUDGE
Coram: Ojwang, J.
Court Clerk: Huka
For the Respondent: Mrs. Obuo
Applicant in person