[2022] KEHC 12612 (KLR)
The court found that the applicant had previously filed and withdrawn a similar application for revision of the same sentence, which resulted in the file being closed. The present application, being a repeat of the earlier withdrawn application, was deemed an abuse of the court process. Consequently, the court held...
Source-derived case information.
- Citation
- [2022] KEHC 12612 (KLR)
- Parties
- Applicant: Jackson Rucinda Ndeti; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E074 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Application struck out for being incompetent and an abuse of court process.
- Judges
- JM Bwonwong'a
- Legal Topics
- Defilement Offence, Sentencing Revision, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Rucinda Ndeti
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a revision of his custodial sentence to a non-custodial sentence.
- 2 Whether the application constitutes an abuse of the court process.
Ratio Decidendi
The court found that the applicant had previously filed and withdrawn a similar application for revision of the same sentence, which resulted in the file being closed. The present application, being a repeat of the earlier withdrawn application, was deemed an abuse of the court process. Consequently, the court held that the application was incompetent and struck it out without considering its merits.
Court Disposition
Application struck out for being incompetent and an abuse of court process.
Orders
- The application is struck out for being incompetent.
Full Case Text
Judgment text and source record
23 paragraphs
Ndeti v Republic (Criminal Revision E074 of 2022) [2022] KEHC 12612 (KLR) (Crim) (28 July 2022) (Ruling)
Neutral citation: [2022] KEHC 12612 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Revision E074 of 2022
JM Bwonwong'a, J
July 28, 2022
Between
Jackson Rucinda Ndeti
Applicant
and
Republic
Respondent
(Being an application for revision from the judgement of Hon. E. Kanyiri, SPM, in the Chief Magistrates’ Court at Makadara in Criminal Case No. 40 of 4740, Republic v Jackson Rucinda Ndeti)
Ruling
1. The applicant moved this court under certificate of urgency in which he has sought the following major orders.1. Spent2. An order to set aside his custodial sentence and in its place impose a non-custodial sentence to enable him take care of his young family.
2. The application is supported by a six paragraphs supporting affidavit; whose major averment are as follows. He was sentenced to ten years imprisonment in respect of the offence of defilement. He is remorseful. He is a first offender. He prays for a non-custodial sentence.
3. For reasons that I will set out below, I declined to hear the Director of Public Prosecutions (DPP).
Findings of the court 4. After perusing the record of the proceedings, I find that on 22nd May 2019 the applicant withdrew a similar application for revision in respect of the same sentence before Hon. Lady Justice G.W. Ngenye- Macharia, as she then was, and as a result the application was marked as withdrawn and the file was closed.
5. I find that the present application is an abuse of the court process.
6. In the circumstances, the application fails and is hereby struck out for being incompetent.
RULING SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAIROBI THROUGH VIDEO CONFERENCE ON THIS 28TH DAY OF JULY 2022. J M BWONWONG’AJUDGEIn the presence of-Mr. Kinyua: Court AssistantThe applicant in personMs Akunja for the Republic/respondent