[2017] KEHC 9538 (KLR)
The court found that the issues raised in the applicant's current application for revision of sentence had already been heard and determined in a previous ruling delivered on 23rd December, 2015, following the withdrawal of his appeal and the hearing of his application for review of sentence. As such, the principle...
Source-derived case information.
- Citation
- [2017] KEHC 9538 (KLR)
- Parties
- Applicant: Patrick Angweya Shimeka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 20 of 2017
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Legal Topics
- Sentence Revision, Remand Period Deduction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Angweya Shimeka
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the period spent in remand should be reduced from the applicant's sentence.
- 2 Whether the issues raised in the current application were already determined in a previous ruling.
Ratio Decidendi
The court found that the issues raised in the applicant's current application for revision of sentence had already been heard and determined in a previous ruling delivered on 23rd December, 2015, following the withdrawal of his appeal and the hearing of his application for review of sentence. As such, the principle of res judicata applied, barring the applicant from re-litigating the same issues. The court therefore dismissed the application as it was improperly before the court.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CR. REV. NO 20 OF 2017
PATRICK ANGWEYA SHIMEKA.........APPLICANT
VERSUS
REPUBLIC........................................RESPONDENT
RULING
The application before this court is for revision of sentence from Kibera Cr. Case No. 7110 of 2007. The particular prayer is that the period the Applicant spent in remand be reduced from the sentence. The court has noted that this application was heard and disposed of vide Cr. Appeal No. 645 of 2010. In that appeal, he had filed a revision application in addition to the appeal itself. He withdrew the appeal by a way of Notice of Withdrawal filed on 24th November, 2015 and proceeded with the application for review of sentence filed on the same date. The ruling on revision was delivered by this court on 23rd December, 2015. The issues raised in the instant application were canvassed and settled by the court in that ruling. Accordingly, the application ought not to have been filed and the same is hereby dismissed. It is so ordered.
DATED and DELIVERED this 5TH DAY OF OCTOBER, 2017
G.W. NGENYE-MACHARIA
JUDGE
In the presence of:
1. No appearance for the Applicant
2. M/s Sigei for the Respondent