[2024] KEHC 5295 (KLR)
The High Court found that it lacked jurisdiction to revise the sentence imposed by a court of competent concurrent jurisdiction. Furthermore, the applicant failed to provide copies of proceedings to demonstrate whether he was in custody during the trial, which is necessary for the application of Section 333(2) of...
Source-derived case information.
- Citation
- [2024] KEHC 5295 (KLR)
- Parties
- Applicant: Wicliffe Ouma Omol; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E098 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Jurisdiction of High Court, Application of Section 333 2 Criminal Procedure Code, Manslaughter, Concurrent Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wicliffe Ouma Omol
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to revise a sentence imposed by a court of competent concurrent jurisdiction.
- 2 Whether Section 333(2) of the Criminal Procedure Code applies to the applicant's sentence.
Ratio Decidendi
The High Court found that it lacked jurisdiction to revise the sentence imposed by a court of competent concurrent jurisdiction. Furthermore, the applicant failed to provide copies of proceedings to demonstrate whether he was in custody during the trial, which is necessary for the application of Section 333(2) of the Criminal Procedure Code. As a result, the application for revision was found to be without merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application dated 11th March 2024 is dismissed.
- Signal to issue.
Full Case Text
Judgment text and source record
22 paragraphs
Omol v Republic (Criminal Revision E098 of 2024) [2024] KEHC 5295 (KLR) (17 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5295 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E098 of 2024
RE Aburili, J
May 17, 2024
Between
Wicliffe Ouma Omol
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the High Court Criminal Case No. 24 of 2020 at Kisumu)
Ruling
1. The Applicant is a convict vide Kisumu HCCR No. 24 of 2020. He was sentenced to serve 30 years imprisonment for the offence of Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
2. He now seeks for revision of that sentence.
3. This court has no jurisdiction to revise the sentence imposed by court of competent concurrent jurisdiction.
4. On whether Section 333(2) of the Criminal Procedure Code is applicable and can be invoked, the Applicant was under a duty to file copies of proceedings in this file to establish whether he was on bond during trial or he was in custody throughout the period.
5. The application dated 11th March 2024 is therefore found to be devoid of any merit and is hereby dismissed.
6. Signal to issue.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF MAY, 2024R. E. ABURILIJUDGE