[2020] KEHC 3936 (KLR)
The court held that the applicant, having had his appeal dismissed and leave to appeal to the Court of Appeal declined, could not seek revision or review of the sentence. The sentence imposed was found to be lawful, and the applicant had been given an opportunity to mitigate. There was no procedural irregularity or...
Source-derived case information.
- Citation
- [2020] KEHC 3936 (KLR)
- Parties
- Applicant: Paul Ngeso Okumu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 4 of 2020
- Procedural Posture
- Constitutional Petition / Ruling on Petition for Revision/review of Sentence After Dismissal of Criminal Appeal
- Outcome
- petition dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Appeal Dismissal, Mitigation Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Ngeso Okumu
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Ruling on Petition for Revision/review of Sentence After Dismissal of Criminal Appeal
Legal Issues
- 1 Whether the applicant can seek revision or review of sentence after dismissal of his criminal appeal and denial of leave to appeal to the Court of Appeal.
- 2 Whether the sentence imposed was lawful and whether the applicant was accorded an opportunity to mitigate.
Ratio Decidendi
The court held that the applicant, having had his appeal dismissed and leave to appeal to the Court of Appeal declined, could not seek revision or review of the sentence. The sentence imposed was found to be lawful, and the applicant had been given an opportunity to mitigate. There was no procedural irregularity or illegality warranting intervention. Consequently, the petition was found to be devoid of merit and was dismissed.
Court Disposition
petition dismissed
Orders
- The petition is dismissed for lack of merit.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CONSTITUTIONAL PETITION NO. 4 OF 2020
PAUL NGESO OKUMU.....APPLICANT/PETITIONER
VERSUS
REPUBLIC.................................................RESPONDENT
(Being an Application arising vide Original Criminal Case No. 349/2014 at Principal Magistrate’s court at Siaya AND Judgment delivered vide Criminal Appeal No. 67 of 2016 at Siaya High Court before Hon. J.A. Makau - Judge)
RULING
1. The applicant’s application to appeal to the Court of Appeal having been declined after his appeal to the High Court vide Criminal Appeal No. 67 of 2016 at Siayawas dismissed, cannot seek for revision/review of sentence.
2. The sentence was lawful.
3. The Petitioner was given an opportunity to mitigate.
4. The petition is found to be devoid of merit. The same is dismissed.
5. File closed.
6. Orders accordingly.
Dated, signed and Delivered at Siaya this 21st Day of July, 2020
R.E. ABURILI
JUDGE