[2023] KEHC 20920 (KLR)
The court determined that it could not proceed with the review of the sentence imposed by the trial court without first having the lower court file available for examination. The availability of the lower court record is a prerequisite for the exercise of revisionary jurisdiction. Accordingly, the court ordered the...
Source-derived case information.
- Citation
- [2023] KEHC 20920 (KLR)
- Parties
- Applicant: Japheth Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E528 of 2023
- Procedural Posture
- Criminal Revision / Interlocutory Order; Mention for Directions
- Outcome
- Interlocutory orders issued; matter set for mention for directions.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Criminal Revision Procedure, Case File Availability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Japheth Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Interlocutory Order; Mention for Directions
Legal Issues
- 1 Whether the sentence imposed by the trial court in Milimani Law Court Criminal Case No 178 of 2015 should be reviewed.
- 2 Whether the lower court file should be availed to facilitate the review of sentence.
Ratio Decidendi
The court determined that it could not proceed with the review of the sentence imposed by the trial court without first having the lower court file available for examination. The availability of the lower court record is a prerequisite for the exercise of revisionary jurisdiction. Accordingly, the court ordered the lower court file to be availed untyped and set mention dates to ensure compliance and facilitate further directions. The orders are procedural and do not address the merits of the sentence review application at this stage.
Court Disposition
Interlocutory orders issued; matter set for mention for directions.
Orders
- The lower court file to be availed untyped without fail on July 13, 2023.
- The file to be placed before the judge for mention on July 20, 2023.
Full Case Text
Judgment text and source record
17 paragraphs
Ochieng v Republic (Criminal Revision E528 of 2023) [2023] KEHC 20920 (KLR) (Crim) (22 June 2023) (Order)
Neutral citation: [2023] KEHC 20920 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Revision E528 of 2023
DR Kavedza, J
June 22, 2023
Between
Japheth Ochieng
Applicant
and
Republic
Respondent
Order
1. I have gone through the Notice of motion, undated filed under a Certificate of Urgency and the supporting affidavit of the applicant filed on June 20, 2023 seeking a review of sentence imposed by the trial court in Milimani Law Court Criminal Case No 178 of 2015 and accordingly issue the following orders:1. The lower court file to be availed untyped without fail on July 13, 2023. 2.The File to be placed before me for mention on July 20, 2023
DATED AND DELIVERED VIRTUALLY ON 22ND JUNE, 2023. ..................................D. KAVEDZAJUDGE21ST JULY 2023. HCCRC E528 OF 2023Coram Before Hon. Kavedza Diana Rachel J.Court assistant: Joy/HabibaNyamanga for the applicantNtabo for the respondent – presentApplicant present –virtuallyCourt:I called for the file untyped but it is yet to be availed. The court administrator to avail the file right now. The Deputy Registrar to ensure compliance. File placed aside.Later as before.Court:1. The file is yet to be availed.2. The deputy Registrar to follow up and ensure the Lower Court file is availed to the high court.3. Mention 11. 10. 2023. 27TH JULY 2023. HCCRC E528 OF 2023Coram Before Hon. Kavedza Diana Rachel J.Court assistant: Joy/HabibaORDER:1. We have received the lower court file.2. This matter be mentioned on 31. 7.2023 for directions.3. Mention notice to issue to the parties.31ST JULY, 2023.